Texas A&M University Higher Education Center at McAllen ...€¦ · Texas A&M University Higher Education Center at McAllen Annual Security Report 2019 2 Texas A&M University Higher

TEXAS A&M UNIVERSITY Higher Education Center at

McAllen 2019 Annual Security Report

In compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f), 34 CFR 668.46)

This Annual Security Report is available on the Texas A&M University Office of Risk, Ethics, and Compliance website at: http://urc.tamu.edu/media/1492360/HECMcAllenAnnualSecurityReport.pdf Email [email protected] for assistance if any link does not function.

http://urc.tamu.edu/media/1492360/HECMcAllenAnnualSecurityReport.pdf

mailto:[email protected]

Texas A&M University Higher Education Center at McAllen Annual Security Report 2019

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Table of Contents

Preparation of the Annual Security Report and Disclosure of Crime Statistics .......................... 2

Annual Security Report Notifications .......................................................................................... 2

Campus Law Enforcement Policies ............................................................................................. 3

Reporting Crimes ......................................................................................................................... 4

Timely Warning Policy ................................................................................................................. 6

Emergency Response and Evacuation Policy ............................................................................. 7

The Daily Crime Log .................................................................................................................... 9

Security of and Access to Campus Facilities ................................................................................ 9

Maintenance of Campus Facilities ............................................................................................... 9

Alcoholic Beverages, Illegal Drugs, and Weapons ..................................................................... 10

Sexual Assault, Dating Violence, Domestic Violence, and Stalking .......................................... 11

Other Considerations .................................................................................................................. 42

Sex Offender Registry .................................................................................................................. 42

Definitions of Clery Act Offenses ................................................................................................ 43

Definitions of Clery Act Locations .............................................................................................. 51

Texas A&M University Higher Education Center at McAllen - Reportable Crimes ................. 52

Crime Prevention and Security Awareness ................................................................................. 53

Important Telephone Numbers .................................................................................................. 55

Other Annual Security Reports and Annual Fire Safety Reports ................................................ 55


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Texas A&M University Higher Education Center at McAllen

Preparation of the Annual Security Report and Disclosure of Crime

Statistics Enacted in 1990, The Crime Awareness and Campus Security Act was designed to assist the campus community in making decisions which affect their personal safety by requiring institutions of higher education to provide certain campus security information to current and prospective students and employees annually. The Higher Education Act of 1998 and the subsequent amendments of the implementing regulations (34 C.F.R.668.46) significantly expanded institutions’ obligations under the Act. The Act was also renamed the “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act” (hereafter the Clery Act). In August 2017, Texas A&M University expanded to McAllen, Texas to initiate a program and offer classes leading to a 4-year Texas A&M University interdisciplinary engineering degree at the Texas A&M University Higher Education Center at McAllen (HECM). Students in this program are enrolled Texas A&M University students who satisfy the same admission requirements as all students admitted to Texas A&M University. For the 2017-2018 academic year, the program was held at the South Texas College campuses in McAllen (STC) in accordance with an interagency cooperation contract. Beginning in Fall 2018 classes were expanded and relocated to the newly constructed HECM facility which is owned by Texas A&M University and located in north McAllen. Current degree programs include interdisciplinary engineering, multidisciplinary engineering technology, biomedical sciences, food systems industry management, and public health. This report discloses policies in place for HECM’s 2019-2020 academic year activities. The Texas A&M University Department of Undergraduate Studies and Office of Risk, Ethics and Compliance (OREC) are responsible for preparing and distributing the Annual Security Report to comply with the Clery Act. The Annual Security Report is published every year by October 1st and contains three years of selected campus crime statistics and certain campus security policy statements for the 2019 – 2020 academic year in accordance with the Clery Act. HECM began offering courses in August 2017, therefore, statistics for calendar year 2016 is not available nor required to be disclosed in the 2019 Annual Security Report. Information for the annual security report is obtained with input from various sources such as campus and local law enforcement agencies, Student Affairs, and other campus personnel.

Annual Security Report Notifications Each year, an e-mail notification which provides website access to this report is sent to all current students, faculty, and staff. Upon request, individuals may obtain a written paper copy of the report at 6200 Tres Lagos Blvd., HECM front desk, McAllen, TX 78504, by calling 956-271-1300, or emailing [email protected]. The report is found at the following website: http://urc.tamu.edu/media/1492360/HECMcAllenAnnualSecurityReport.pdf.


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Prospective employees are notified of the availability of the Annual Security Report through an email distributed when applying for a position. Website access to the Annual Security Report is provided by the Division of Human Resources and Organizational Effectiveness through a link called “Safety and Security Notices” located on the right menu bar of the Texas A&M Job Path website (https://jobpath.tamu.edu) and through a link under the “Safety and Security Notices” heading on the Required Employee Notices & Important Reminders webpage (http://employees.tamu.edu/employees/required-notices/). Prospective students are notified of the availability of the Annual Security Report through an email distributed when applying for admission. Website access to the Annual Security Report is provided by the Office of Admissions through a link titled “Campus Safety” located at the bottom of the Admissions webpage (http://admissions.tamu.edu/).

Campus Law Enforcement Policies

Police Department Overview

Campus security is outsourced for HECM facilities and surrounding on-campus property. Two shifts are utilized to provide two on-site security guards who are on duty between 6:30am and 10:30pm weekdays. Weekend security services are provided on-site during limited hours. To deter and respond to criminal activity and to provide a safe campus for our students, staff, faculty and visitors, the HECM security periodically tours HECM facilities and immediate surrounding areas such as parking lots. A security suite in the main building provides a fixed post and allows for camera monitoring of the HECM facility.

Jurisdiction

The McAllen Police Department (MPD) is the primary police authority for the HECM campus. The police officers are certified Texas peace officers as defined in article 2.12 of the Texas Code of Criminal Procedure. Pursuant to Section 51.203 of the Texas Education Code, the primary jurisdiction of McAllen police officers is the municipality of McAllen. The HECM security officers answer calls for service and respond to alarms occurring at the HECM campus. MPD responds to calls for police service and enforce state criminal and traffic laws.

Arrest Authority

HECM does not employ commissioned police officers. The HECM security officers do not possess full arrest power or carry weapons. While our unarmed security officers do not have authority to detain or make arrests, their presence and observations at campus locations support and assist the work of local law enforcement.

Enforcement Authority

HECM security officers have the authority to ask persons for identification and to determine whether individuals have lawful business on campus. Criminal incidents are referred to the local law enforcement agency that has jurisdiction on the campus, MPD. The prosecution of misdemeanor criminal cases is conducted in municipal courts and felony cases may be processed by county, state, or federal courts. Individuals involved in illegal acts on-campus and areas in which the institution conducts activities are subject to arrest, prosecution, and referral through university disciplinary procedures.

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Working Relationships and Agreements

The HECM security maintains excellent working relationships with all area law enforcement agencies including the MPD, Weslaco Police Department, and the Rio Grande City Police Department. These working relationships are not maintained through a written mutual aid agreement. A request is distributed to local law enforcement agencies annually to solicit cooperation in informing the institution about crimes. The request is specific to informing HECM administration and security about situations reported to the given local law enforcement agency that may warrant an emergency response or timely warning notification.

Monitoring Non-Campus Locations

HECM does not sponsor officially recognized student organizations for Texas A&M University students, however, students may participate in student organizations recognized by the main Texas A&M University campus. Institutional sponsored travel by students (individually or as part of a student organizations officially recognized by the main campus) may result in the location meeting the criteria for Clery non-campus property. The HECM security officers do not provide security at these non-campus locations. The local law enforcement agency with jurisdiction at the location records and monitors criminal activity at the non-campus property and responds when police services are requested. Students enrolled at HECM do not occupy non-campus housing.

Professional Standards

Providing excellent service and maintaining good relationships within the community is vital to achieving the overall mission of keeping the campus safe and secure. All members of the campus community can expect to be treated in a courteous and professional manner by the administration and contract security. The institution will not tolerate an employee who acts unprofessionally or who does not provide an appropriate level of service. Instances where employees have been especially helpful or have exceeded expectations in service can also be recognized. The quality of service is dependent in part on feedback from the community. Please help the institution improve by bringing complaints and compliments to the attention of any of the following individuals in a timely manner:

Request the on-duty security officer by calling 956-271-1301. This individual is available during normal business hours and limited weekend hours.

Address written correspondence to: HECM Director of Operations, 6200 Tres Lagos Blvd., McAllen, Texas 778504.

Law Enforcement Telephone Directory

Area Code – 956 (for all numbers listed below)

Emergencies-from on campus phones/Police/Fire/Medical

911 Security/Non-Emergencies/General Assistance

271-1301

McAllen Police Department 681-2000 Hidalgo County Sheriff’s Office

383-8114

Reporting Crimes

Incident Reporting and Response

Any on-campus emergency should be reported immediately to the MPD in person at 1601 N. Bicentennial Blvd., McAllen, TX, or by dialing 911 from a campus phone or from a cellular phone. Upon receipt of the


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call, the MDP communications center can supply information or dispatch officers as necessary. The web address for the MPD is: http://mcallen.net/departments/pd/home. For non-emergencies, contact HECM security by calling 956-271-1301. The HECM security will respond as quickly and safely as possible to any request for assistance, whether it is an emergency or not. Response includes dispatching a security officer to attend to the needs of the victim and secure the scene and, as situations warrant, contact outside services such as local law enforcement, the fire department, or emergency personnel to respond to the incident. Response time is based on current activity and severity of the call. Crimes in progress, alarms, traffic accidents with injuries, and medical assists have a higher priority than other types of calls. MPD officers in vehicles or on foot will assist and may be contacted directly. For non-campus offenses, we encourage prompt reporting to the proper local law enforcement agency. We cannot overemphasize the importance of prompt and accurate reporting of crime. If a crime is not reported promptly, evidence can be destroyed or the potential to apprehend a suspect is lost. Without accurate reports, leads could be missed and the investigation headed in the wrong direction. If you witness a crime or emergency, promptly report it to the MPD and be prepared to answer questions as accurately as you can. The subsequent investigation can only be as thorough as the information received. If you are the victim of a crime, or you have seen or received information of criminal activity or other emergency, please contact the MPD immediately.

Reporting Criminal Offenses to University Officials: Campus Security Authorities

As an option to reporting immediate emergencies to 911, HECM security, or local law enforcement, students and employees may also report criminal offenses of which you are aware to the following Texas A&M University offices: HECM Director of Operations 956-271-1341, Program Coordinator 956-271-1305, Program Coordinator 956-271-1312, or the Assistant Provost 956-271-1342; College Station campus: Dean of Student Life 979-845-3111, Human Resources Organizational Consulting & Resolution Management 979-862-4027, the Office of the Dean of Faculties & Associate Provost 979-845-4274, or the Assistant Vice President and Title IX Officer 979-458-8407. Crime reports provided to campus security authorities are used by the school to fulfill its responsibility to annually disclose accurate crime statistics and to issue or facilitate the issuance of timely warnings or emergency notifications. Campus security authority crime reports should include sufficient detail such as dates and locations, and where appropriate, personally identifying information, including name and contact information, if available. For additional information on the duties and responsibilities of the individuals and offices listed above, see the CSA Slides link located on the following webpage: https://upd.tamu.edu/Pages/CSA-Reporting.aspx. Students, faculty, staff, community members, and guests are encouraged to report all crimes and public safety related incidents to the HECM Security and the appropriate police agencies in an accurate and timely manner when the victim of such crimes elects or is unable to make such a report. The university offices listed above, will assist individuals reporting in notifying the proper law enforcement authorities, if the individual chooses. It is the goal of the institution to provide assistance wherever the report is made and include Clery countable crimes in the annual security report. Contracted professional counseling personnel, who are exempt from the reporting requirements of the Clery Act, are available to Texas A&M University students and employees at HECM. As the counseling services are generated through referral using a network of local providers, there are no institutional procedures in place for

http://mcallen.net/departments/pd/home

https://upd.tamu.edu/CSA%20Reporting/CSA%20Slides.pdf

https://upd.tamu.edu/Pages/CSA-Reporting.aspx

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professional counselors to encourage voluntary, confidential crime reporting for inclusion in the annual disclosure of crime statistics. Texas A&M University students and employees at HECM are not provided pastoral counseling services which are exempt from reporting requirements under the Clery Act.

Confidential and Anonymous Reporting of Crimes

HECM administration, HECM security, and MPD encourages anyone who is the victim or witness to any crime to promptly report the incident to the police. Because police reports are public records under state law, HECM security and MPD cannot hold reports of crimes in confidence. However, victims of certain offenses are eligible for a pseudonym in which the victim’s true identity will not be released. An individual who is involved in or witnesses an active or ongoing emergency should dial 911 and report the emergency immediately. Voluntary, confidential reports for purposes of inclusion in the annual disclosure of crime statistics and crime log can generally be made by victims, witnesses, and others to the campus security authorities listed above and all other campus security authorities. Annual crime statistics and the crime log are confidential in that personally identifiable information is not included in the disclosure. Crimes can be reported anonymously by calling Crime Stoppers at 956-687-TIPS (8477). Concerning behavior, including crimes, can be reported anonymously to the Texas A&M University Special Situations Team via the Tell Somebody online reporting form. The form and more information can be found at https://tellsomebody.tamu.edu/. Reports submitted anonymously or with limited information may restrict the team’s ability to follow up on the incident.

Timely Warning Policy The circumstances in which a Timely Warning will be generated include, but are not limited to, the receipt of a report to HECM security or other Campus Security Authority of a crime reportable under the Clery Act, that poses a serious or continuing threat to the campus community. The HECM Director of Operations or designee is responsible for determining if a Timely Warning will be issued. Crimes that may warrant a Timely Warning include, but are not limited to, major incidents of arson, murder/non-negligent manslaughter, robbery, aggravated assault, sex offenses, or other crimes as determined necessary by the HECM Director of Operations or designee. The determination will be made on a case-by-case basis after due consideration of all available facts of the crime, such as the nature of the crime and whether a continuing danger to the campus community exists. If HECM security or other campus security authorities are not notified of a crime in a manner that would allow the department to provide timely notice a Timely Warning may not be issued, depending on the circumstances. All situations will be evaluated on a case by case basis. The HECM Director of Operations is responsible for the writing and issuance of Timely Warnings. Other personnel authorized to write and/or issue (send) a Timely Warning are: either of HECM’s two Program Coordinators, Assistant Provost, or designee. Anyone with information warranting a Timely Warning should report the circumstances immediately to the HECM security, by phone (956-271-1301) or in person at the HECM front desk (6200 Tres Lagos Blvd., McAllen, TX 78504). Timely Warnings are issued through e-mail to HECM students, faculty and staff in a manner that is timely, that withholds the names of victims as confidential, and that will aid in the prevention of similar occurrences. Timely Warnings contain sufficient information about the nature of an identified threat to assist members of the campus community in taking appropriate action to protect themselves or their property. Timely Warnings generally include:

A readily understandable description of the type of crime or occurrence.

The general location, date and time of the offense.

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A physical description of the suspect(s), if available, when there is sufficient detail that would reasonably help identify a specific individual suspect or group of suspects.

Possible connection to other incidents.

Date and time the alert was issued.

Suggested measures which members of the university community can take to help protect themselves. It is important to note that in some cases law enforcement may need to withhold some facts if releasing the information would compromise an ongoing investigation or the identity of the victim. Victim names and other identifying information of victims are never included in Timely Warnings. An institution is not required to provide a timely warning with respect to crimes reported to a pastoral or professional counselor.

Emergency Response and Evacuation Policy The procedures disclosed in this section apply to significant emergencies or dangerous situations occurring on the campus of HECM, i.e. on-campus property. There are no separate procedures for non-campus property.

Emergency Notification System

HECM Alert is HECM’s emergency notification system that gives the campus the ability to communicate health and emergency information through some or all of the following mechanisms: SMS text message, Texas A&M Email (Gmail and Exchange), computer pop-up messages, Twitter, and RSS. HECM will use the system to provide official notification of critical emergencies (i.e., situations that pose an imminent threat to the community). It is the policy of Texas A&M University’s administration at HECM to immediately notify the campus community, via the HECM Alert, upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus. The HECM Director of Operations, Assistant Provost, or designee determines whether or not a significant emergency or dangerous situation exists by evaluating information received from entities which may include, but are not limited to: law enforcement, fire department, National Weather Service, or the City of McAllen Emergency Management Office. The HECM Alert emergency notification system does not replace the Timely Warning requirement. They differ in that the Timely Warning requirement applies only to Clery reportable crimes, while the emergency notification system addresses a much wider range of threats (i.e. gas leaks, tornadoes, active shooter, etc.). If an emergency notification is issued, the university is not required to issue a Timely Warning based on the same circumstances. The generation of a HECM Alert message and activation of the notification system is the responsibility of the Texas A&M University HECM administration. Upon confirmation that there is a significant emergency or dangerous situation occurring on campus, the HECM Director of Operations, the Assistant Provost, or designee will, without delay, and taking into account the safety of the community, determine the content of the notification and initiate the HECM Alert notification system; unless issuing the notification will, in the professional judgment of responsible authorities, compromise efforts to assist victims or to contain, respond to, or otherwise mitigate the emergency. Victim names and other identifying information of victims are never included in emergency notifications. Additional personnel authorized to make a final determination of a significant emergency or dangerous situation, and/or to write and issue an HECM Alert are: either of HECM’s two Program Coordinators and the Executive Assistant to the Assistant Provost. If time allows, final message content will be approved at the


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highest level available. However, in circumstances where time is of the essence, any of the authorized individuals noted may distribute an HECM alert. An example of such an urgent message could include an alert issued for an active shooter. HECM Alerts are issued to the entire campus community, rather than to specific segments of the campus population. In the event of a system problem, certain trained individuals from Texas A&M University Information Technology can be called upon to issue the alert from a remote location. The HECM Director of Operations or designee conducts monthly pre-scheduled testing of the emergency notification system. After each test, or actual alert, the functionality of each communication channel within the notification system is analyzed and a report with the results of the findings is provided to HECM administration. Any monthly test may be cancelled by the HECM Director of Operations. Reasons for cancelling monthly tests include the existence of real threats that could necessitate sending an emergency message, recent emergency messages that obviate the need for that month’s test, etc.

Registering for Emergency Notifications

Students, Faculty, and Staff Access The HECM Alert emergency notification system allows students, faculty and staff who have a Texas A&M NetID and password to register to receive text message alerts. Emergency alerts are automatically sent to all Texas A&M email (Gmail and Exchange) addresses. The system also pushes the emergency notification message to campus pop-up messages when connected to the Texas A&M network, local radio and television outlets, Twitter and RSS. To register, visit: https://codemaroon.tamu.edu/McAllenAbout.aspx. Public Access Parents, family, and friends of Texas A&M can receive emergency alerts by subscribing to HECM Alert’s RSS feed or following “TAMUCM_McAllen” on Twitter to see alerts in your Twitter feed and/or receive alerts via text message through your Twitter account. To learn how, visit the following webpage: https://codemaroon.tamu.edu/McAllenPublicAccess.aspx.

Disseminating Information to the Larger Community

HECM does not disseminate emergency information to the entire larger community outside the campus; however, notification is provided to local law enforcement as necessary through phone communication from the HECM Director of Operations. Individuals receiving the emergency notification are advised with updated information, as needed, using the same method(s) as the original notification.

Emergency Preparedness

In preparation for any emergencies, students and employees receive instructions and training appropriate to the nature of the emergency in accordance to the Emergency Operations Plan for the HECM campus. Depending on the nature of the emergency, students and employees receive instructions to evacuate the building, evacuate to the lowest level of the building, stand-in-place, etc. according to the Emergency Operations Plan. The plan includes emergency response and evacuation procedures that are tested and evaluated annually. HECM conducts announced and unannounced emergency training exercises each year. These may include training classes, tabletop exercises, and drills which are designed to assess and evaluate the emergency plans and response capabilities at the HECM campus. The HECM Safety Committee is responsible for documenting testing to include a description of the exercise, date, time, whether announced or unannounced. The HECM Safety Committee is responsible for publicizing emergency response and evacuation procedures through an

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email each fall to HECM students and employees in conjunction with a test. An additional method of publicizing includes annually providing students and employees with an Emergency Playbook, which includes summarized policies and procedures to be followed in the event of an emergency on campus.

The Daily Crime Log Upon request, a daily crime log is available for public inspection during normal business hours for the most recent 60-day period. This summary is provided free of charge by the HECM Director of Operations or designee and identifies crimes occurring at HECM facilities. The crime log contains information about the nature of the crime, location, date and time occurred, date the crime was reported, and the disposition. A printed copy of this report is available upon request from the HECM front desk at 6200 Tres Lagos Blvd., McAllen, TX 78504 or obtained by calling 956-271-1300. The hard copy is printed on a daily basis on working business days. The Program Coordinator (956-271-1305) can assist in obtaining the crime log.

Security of and Access to Campus Facilities It is unlawful for any person to trespass on the grounds of any state institution of higher education of this state or to damage or deface any of the buildings, statues, monuments, memorials, trees, shrubs, grasses, or flowers on the grounds of any state institutions of higher education. (Texas Education Code Section 51.204) The governing board of a state institution of higher education or its authorized representatives may refuse to allow persons having no legitimate business to enter on property under the board's control, and may remove any person from the property on his or her refusal to leave peaceably on request. Identification may be required of any person on the property. (Texas Education Code Section 51.209) During business hours from 7:00am to 6:00pm HECM facilities are open to students, parents, employees, and guests. During non-business hours and periods of extended closing, entrance to all HECM facilities is by key or access card. Emergencies may necessitate changes or alterations to any posted schedules. The main HECM facility has video surveillance coverage encompassing building entrances and hallways, walkways, and parking areas. Surveillance cameras are monitored by security personnel. HECM security conducts routine patrols of facilities and respond immediately to calls for service. Policies regarding security and access to on-campus residential facilities are not discussed in this report as on-campus housing is not provided to Texas A&M University students enrolled at HECM.

Maintenance of Campus Facilities Contracted facilities personnel are responsible for maintaining the buildings, grounds, and custodial services for the HECM campus. The group addresses maintenance, renovation, and repair projects for facilities, custodial and landscaping. The City of McAllen provides electricity, heating and cooling, running water, and waste disposal. Faculty and staff are encouraged to report maintenance problems to the HECM Director of Operations at 956-271-1341. HECM security personnel closely monitor any security-related maintenance problems and report their findings to the appropriate HECM official. If necessary, they will stand-by until the problem is corrected. Security officers survey campus lighting nightly and monitor those areas having defective fixtures and report the deficiencies to the appropriate personnel for corrective action.


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Alcoholic Beverages, Illegal Drugs, and Weapons

Education Programs

In accordance with the Drug-Free Schools and Communities Act, Texas A&M University reviews its programs, services, and policies to prevent unlawful possession, use, or distribution of alcohol and illicit drugs. The results of the 2016 biennial review are published at http://urc.tamu.edu/media/628893/DFSCA.pdf. The HECM Assistant Provost (956-271-1342) and the Office of the Dean of Student Life (979-845-3111) at the main campus are committed to promoting responsible decision making regarding alcohol and other drugs through educational programming, resources, and referrals for Program students. The Work/Life Solutions Program by GuidanceResources manages the alcohol and drug abuse and rehabilitation program available to HECM employees (1-866-301-9612). The Deer Oaks Student Assistance Program is available to HECM students (866-329-4148). Both programs provide licensed counseling and referral services. More information can be found at: https://employees.tamu.edu/eap/.

Alcohol Policy

The following alcohol policy applies to Texas A&M University students and employees at the HECM campus. As an institution interested in the intellectual, physical and psychological well-being of the campus community, Texas A&M University deems it important to curtail the abusive or illegal use of alcoholic beverages. The Texas A&M University System strictly prohibits the unlawful manufacture, distribution (including sales), possession, or use of alcohol on Texas A&M University System property, while on official duty, and/or as part of any Texas A&M University System activities (System Policy 34.02, Drug and Alcohol Abuse). Possession or consumption of alcoholic beverages on property under control of the Texas A&M University System will not be permitted except in special use buildings and facilities that may be designated by the chief executive officer of the member, approved by the chancellor, and subsequently reported to the board on an annual basis (System Policy 34.03, Alcoholic Beverages). A listing of locations at Texas A&M University that are approved for possession or use of alcohol can be found at https://cms.tamuds.tamu.edu/media/1601889/approved_sites.pdf as authorized in University Standard Administrative Procedure (SAP) 34.03.99.M0.01, Alcoholic Beverages. A licensed contracted vendor must be used to serve (sell) alcohol at events held in these approved locations. Texas A&M University Student Rules, Appendix VIII also prohibits alcohol use, possession, manufacturing, or distribution (including sales) of alcoholic beverages on Texas A&M University premises and at university sponsored events, except as expressly authorized by university policies. The purchase, service (including sales), possession, and consumption of alcohol beverages in facilities under the control of the Texas A&M University System shall in all respects comply with state law (System Policy 34.03, Alcoholic Beverages). Texas A&M University prohibits the use or possession of alcoholic beverages on campus by any individual under the age of 21 (University SAP 34.03.99.M0.01 Alcoholic Beverages and Texas A&M University Student Rules, Appendix VIII). All purchases of alcoholic beverages by any member must comply with guidelines as established in System Policy 34.03, Alcoholic Beverages regarding the purchase’s source of funds, purpose, and required documentation.

http://urc.tamu.edu/media/628893/DFSCA.pdf

https://employees.tamu.edu/eap/

http://policies.tamus.edu/34-02.pdf


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Consequences for policy violations could result in sanctions by the university and/or criminal charges/arrest by UPD for state law violations.

Illegal Drugs Policy

The following illegal drug policy applies to Texas A&M University students and employees at the HECM campus. Federal law prohibits the unlawful possession, use, sale, or distribution of drugs. Texas state law prohibits the possession, use, sale, manufacture, or delivery of a controlled substance without legal authorization. A controlled substance includes any drug, substance or immediate precursor covered under the Texas Controlled Substances Act, including but not limited to opiates, barbiturates, amphetamines, marijuana, and hallucinogens. The possession of drug paraphernalia is also prohibited under Texas state law. Drug paraphernalia includes all equipment, products and material of any kind that are used to facilitate, or intended or designed to facilitate, violations of the Texas Controlled Substances Act. According to System Policy 34.02, Drugs and Alcohol Abuse, all students and employees are expected to abide by federal and state laws pertaining to controlled substances and illicit drugs. More specifically, Texas A&M University Student Rules prohibit using, possessing, being under the influence of, manufacturing, or distributing illegal drugs or illegally obtained/possessed controlled substances (Texas A&M University Student Rules, Appendix VII). Alleged violations of federal and state laws may result in criminal charges. University conduct charges may be pursued against those alleged to have violated university policies and/or state/federal laws concerning controlled substances.

Weapons Policy

The following weapons policy applies to Texas A&M University students and employees at the HECM campus. In accordance with Texas Penal Code Ch. 46.03, it is a felony to intentionally, knowingly, or recklessly possess a firearm, location restricted knife, club, or prohibited weapon on the physical premises of a school or educational institution, to include any grounds or buildings on which an activity sponsored by the school or educational institution is being conducted, or a passenger transportation vehicle under the direct control of the school or educational institution. The following exception applies. A license to carry holder under Chapter 411, Texas Government Code, may carry a concealed handgun on or about the license holder’s person while the license holder is on the campus of Texas A&M (all land and buildings owned or leased by Texas A&M) or in a university vehicle, unless prohibited by state law, federal law, or University Rule 34.06.02.M1, Carrying Concealed Handguns on Campus. Prohibited areas include but are not limited to campus daycares, counseling centers, health care facilities, collegiate and interscholastic sporting events, certain high hazard and high risk research areas/laboratories, specific premises where formal disciplinary hearings are conducted, and locations with official Texas Penal Code 30.06 signage. The open carry of handguns is prohibited everywhere on campus including all land and buildings owned or leased by Texas A&M University. University SAP 34.06.02.M1.01 and Student Conduct Code 24.4.14 contain additional weapons policy information.

Sexual Assault, Dating Violence, Domestic Violence, and Stalking The following policies apply to Texas A&M University students and employees at the HECM campus. In accordance with federal law and Texas A&M University System Regulation 08.01.01 Civil Rights Compliance (System Regulation 08.01.01), Texas A&M University prohibits discrimination and harassment on the basis of




http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.46.htm

http://rules-saps.tamu.edu/PDFs/34.06.02.M1.pdf

https://rules-saps.tamu.edu/PDFs/34.06.02.M1.01.pdf

http://student-rules.tamu.edu/rule24

http://policies.tamus.edu/08-01-01.pdf


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sex1 including sexual assault, dating violence, domestic violence, stalking, (as those terms are defined for the purposes of the Clery Act) and/or related retaliation. The following are statements of policy that address discrimination, harassment (including non-consensual sexual contact, sexual assault, sexual exploitation, dating violence, domestic violence, stalking, quid pro quo and hostile environment sexual harassment), complicity, and retaliation as prohibited conduct. The policies apply whether the prohibited conduct occurs on or off campus and when it is reported to the university.

Procedures for Reporting Sexual Assault, Dating Violence, Domestic Violence,

Stalking, and Related Retaliation

Individuals have the option of notifying on-campus and local law enforcement authorities to report sexual assault, dating violence, domestic violence, or stalking. Below is a list of local law enforcement agencies. Reports should be filed with the agency where the incident occurred.

Agency Phone

Emergency (McAllen Police) 911

HECM Security 956-271-1301

McAllen Police Department 956-681-2000

Hidalgo County Sheriff’s Office 956-383-8114

The MPD is available to receive and investigate reports of sexual assault, dating violence, domestic violence, and stalking, assist in securing medical attention; participate in evidence preservation and collection; conduct criminal investigations of crimes; and inform the individual of legal and administrative options both on and off campus. Criminal investigations may occur independent from a conduct proceeding and are handled in accordance with the Texas Penal Code, the Texas Code of Criminal Procedure, and information from the Hidalgo County District Attorney’s Office. Law enforcement will help individuals understand the process of obtaining protective orders, restraining orders, or similar lawful orders issued by the courts. Employees and student workers who observe or become aware of prohibited conduct must promptly report all known information, including identities of witness and involved parties, to the university. 2 Student workers are not required to report prohibited conduct if the student worker observes or becomes aware of the prohibited conduct outside the context of their student worker employment. Employees and student workers who experience prohibited conduct are strongly encouraged, but not required, to report the prohibited conduct to the university. Additionally, students and third parties are strongly encouraged, but not required, to report prohibited conduct. Notwithstanding the above mandatory reporting requirement for employees, anyone may report matters which they believe are criminal to the appropriate local law enforcement agency. At HECM, reports that a student, employee, or third party has engaged in prohibited conduct should be made to the Department of Civil Rights and Equity Investigations (CREI) as follows:

1 Sexual harassment is a form of sex discrimination. Unwelcome sexual advances, requests for sexual favors or other verbal, nonverbal or physical conduct of a sexual nature constitute sexual harassment when this conduct is so severe, persistent or pervasive that it explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work or educational performance, or creates an intimidating or hostile work, educational, or campus living environment. Unwelcome means that an individual did not request or invite it and considers the conduct to be undesirable or offensive. Submission to the conduct or failure to complain does not always mean that the conduct was welcome. Sexual harassment may be quid pro quo (“this for that”) or may constitute a hostile environment. Sexual harassment includes non-consensual sexual contact, sexual assault, sexual exploitation, stalking, dating violence, and domestic violence when based on sex.

2 Exceptions include confidential employees and are described in the “Confidentiality/Privacy” section of this report.


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Assistant Vice President and Title IX Officer Medical Sciences Library 202 Olsen Blvd., Suite 007 College Station, TX 77843 979-458-8407 [email protected]

CREI’s Assistant Vice President and Title IX Officer is responsible for (1) overseeing the process of responding to allegations of prohibited conduct and (2) identifying and addressing any patterns or systematic problems that arise from the review of such complaints. The Assistant Vice President and Title IX Officer or designee shall decide whether this policy shall be applied to such allegations of prohibited conduct on a case by case basis. The decision of the Assistant Vice President and Title IX Officer is final and unappealable. Some conduct, while inappropriate, does not rise to the level of prohibited conduct. These behaviors are addressed by the appropriate disciplinary authority, e.g., Department Head, Student Conduct, Human Resources, etc., under rules or regulations other than this policy. CREI is the department designated by the university to receive and investigate all reports alleging prohibited conduct against students, employees and third parties. However, reports that the Texas A&M President, or an employee who reports directly to the President, has engaged in prohibited conduct should be made to the Texas A&M System Ethics and Compliance Office (SECO) as follows:

SECO 301 Tarrow, 6th floor College Station, TX 77843 979-458-6120 [email protected]

Additional options for reporting include the following.

Individuals wishing to submit an anonymous report may do so through Tell Somebody, an electronic reporting option. Anonymous reporting may also limit the university’s ability to respond to the allegation.

Individuals may file a complaint at any time with any local, state or federal civil rights office, including, but not limited to, the Equal Employment Opportunity Commission, the Texas Workforce Commission’s Civil Rights Division, the U.S. Department of Education’s Office of Civil Rights and the U.S. Department of Justice. CREI has procedures in place to inform individuals of their rights to file criminal charges as well as the availability of services on and off campus. A complainant3 may request assistance from and/or will be assisted by CREI in notifying law enforcement authorities if the complainant so chooses. A report to law enforcement is separate from a report to the university. An individual wishing to simultaneously pursue a law enforcement investigation and a university resolution of prohibited conduct should make a report to both entities. Individuals are notified of their right to report the incident to local police immediately, but always have the right to decline to notify such authorities. Reporting to law enforcement does not preclude an individual from pursuing disciplinary remedies with the university.

3 The individual(s) subjected to the alleged discrimination.



http://www.tamug.edu/care/Tell_Somebody.html


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Although a report of prohibited conduct may be made at any time, regardless of when the conduct occurred, a report should be filed as soon as possible after the actions that caused the report. Prompt reporting assists investigators in the collection and preservation of evidence. The filing of a report will not stop, delay, or affect pending personnel or disciplinary actions. This includes, but is not limited to, performance evaluations or disciplinary actions related to an employee or student who is not performing at acceptable levels or standards or who has violated policies, regulations, or university rules. A person acting in good faith who reports or assists in the investigation of a report of an incident of sexual harassment, sexual assault, dating violence, or stalking, or who testifies or otherwise participates in a disciplinary process or judicial proceeding arising from a report of such incident: (1) is immune from civil liability and from criminal liability for offenses punishable by fine only, that otherwise might be incurred or imposed as a result of those actions; and (2) may not be subjected to any disciplinary action by the institution at which the person is enrolled or employed for any violation by the person of the institution’s code of conduct reasonably related to the incident for which suspension or expulsion from the institution is not a possible punishment. The university’s response to allegations of prohibited conduct will be prompt and equitable. The response is intended to stop/prevent recurrence of any prohibited conduct and remedy discriminatory effects of the conduct, as appropriate. A substantiated allegation of prohibited conduct will result in disciplinary action, up to and including termination of employment or separation from the university. Third parties who commit prohibited conduct may have their relationship with the university terminated and/or their privileges of being on university premises withdrawn. CREI conducts an initial review and preliminary assessment of all reports/complaints of alleged prohibited conduct to assess the safety and well-being of the complainant, respondent4, and the campus community. As part of the initial review, CREI will attempt to meet with the complainant to obtain more information about the allegations within 5 business of receiving a report or complaint, or as soon as reasonably practical thereafter. Initial review steps include: (1) informing the individual reporting of the right to file a complaint with law enforcement (if applicable) in addition to filing a complaint with CREI, (2) providing assistance in notifying appropriate law enforcement authorities if the individual so chooses, (3) informing the individual of the right to decline to contact law enforcement, and (4) informing the individual of the right to file a complaint with state and federal agencies. In coordination and consultation with other university officials, CREI will offer the opportunity to request interim supports, academic adjustments, and protective measures to provide for the safety of the individual and campus community. CREI will also take steps to advise about (1) the importance of preserving evidence, if applicable, that could assist in proving that a criminal offense occurred or may be helpful in obtaining a protective order or assist in the investigation, (2) the university’s procedures for investigation and resolution, and (3) the university’s prohibition against retaliation. At this time, CREI will determine whether the complainant is a minor, elderly, or disabled and, if required, contact the appropriate agency in accordance with the Texas law. CREI provides a written notification of available resources, rights, and options to each individual reporting prohibited conduct, including sexual assault, dating violence, domestic violence, and stalking (whether the offense occurred on or off campus) regardless of whether the individual chooses to report the incident to local

4 An individual who is alleged to have discriminated against another.


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law enforcement or chooses to pursue institutional disciplinary measures or criminal remedies. The handout includes information regarding:

the importance of preserving physical evidence that may assist in proving that the alleged criminal offense occurred or may be helpful in obtaining a protective order;

procedures about how and to whom the alleged offense should be reported;

the option to notify proper law enforcement authorities including on-campus and local police;

the option to be assisted by campus authorities in notifying law enforcement if the individual chooses;

the option to decline to notify such authorities;

the rights of individuals and the institution’s responsibilities for orders of protection, no contact orders (no contact restrictions), restraining orders, or similar lawful orders issued by criminal, civil, or tribal court or the institution;

information about how the institution will protect confidentiality;

existing on-campus and community resources/contacts (counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available to students, faculty, and staff)

the options for, available assistance in, and how to request changes to academic, living, transportation, and working situations or protective measures;

protection from retaliation; and

an explanation of procedures for institutional disciplinary action in cases of alleged sexual assault, dating violence, domestic violence, and stalking.

Guidelines or Suggestions to Follow After an Incident of Sexual Assault, Dating

Violence, Domestic Violence or Stalking (as applicable to the specific incident)

Go to a safe place as soon as you can.

Contact the Police Department at 911.

Get medical attention as soon as possible to make sure you are physically well and to collect important evidence in the event you may later wish to take legal action. The Mission Regional Medical Center in Mission, Texas (956-323-9000) and the South Texas Health System McAllen/McAllen Medical Center (956-632-4000) have sexual assault programs with trained Sexual Assault Nurse Examiners and a forensic unit offering detailed physical examinations, evidence collection, and expert testimony.

Try to preserve all physical evidence. Do not wash, use the toilet, or change clothing if you can avoid it. If you do change clothes, put all clothing you were wearing at the time of the attack in a paper, not plastic, bag.

Preserve evidence by saving text messages, instant messages, social networking pages, communications, pictures, or other documents, if any, that would be useful to police or investigators.

Personnel are available to help explain options, give information, and provide emotional support. Personnel include: HECM Director of Operations 956-271-1341; HECM Program Coordinator 956-271-1305; Main campus services: CREI 979-458-8407 and Student Assistance Services 979-845-3113. McAllen area services include: Deer Oaks Student Assistance Program 866-329-4148, Work/Life Solutions Program by GuidanceResources 1-866-301-9612, Hidalgo County Crime Victim Assistance 956-292-7600, and Family Crisis Center in Harlingen 956-423-9304.

Medical Treatment (as applicable to the specific incident)

It is important to seek immediate and follow-up medical attention for several reasons: first, to assess and treat any physical injuries sustained; second, to test for sexually transmitted infections or pregnancy and treat or take preventive measures; and third, to gather and preserve evidence that may assist in proving that the alleged


16

criminal offense occurred or is occurring or may be helpful in obtaining a protective order. Physical evidence should be collected immediately, ideally within the first 24 hours. It may be collected later than this, but the quality and quantity of the evidence may be diminished. If individuals do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted infection.

Confidentiality/Privacy

Students and employees have the option to disclose confidentially to individuals designated as confidential employees. Confidential employees include, but are not limited to, licensed health care providers and professional psychologists/counselors who receive reports when acting in this capacity as part of their official employment. When an individual shares information with a confidential employee, the confidential employee will not reveal the information to any third party except when an applicable law or a court order requires or permits disclosure of such information. However, such information could be disclosed when: (1) the individual gives written consent for its disclosure; (2) there is a concern that the individual will likely cause serious physical harm to self or others; or (3) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18, the disabled, or the elderly. Additionally, allegations of prohibited conduct disclosed to confidential employees will not be reported to the institution, except as required by law. Publicly available recordkeeping must not include personally identifying information5. Incidents are shared in a way that does not identify the individuals. For example, licensed healthcare providers share de-identified information regarding this conduct that may be statistics in the Clery Annual Security Report and/or disclosed in the daily crime log without identifying the individuals concerned. The Deer Oaks Student Assistance Program (866-329-4148) provides confidential mental health counseling services to HECM students. The Work/Life Solutions Program by GuidanceResources (1-866-301-9612) is available to HECM employees and the employee’s benefits-eligible dependents. Currently enrolled students at the HECM campus do not have access to on-campus student health services. While the university wishes to create an environment in which individuals feel free to discuss concerns and make complaints, the university may be obligated to take action when its officials are informed that prohibited conduct may be occurring. Information is considered private6 but not confidential when shared with university personnel and officials who do not possess a legal confidentiality exemption. Although the confidentiality of information received, the privacy of the individuals involved, and the wishes of the reporting party, complainant, and/or respondent cannot be guaranteed, they will be protected to as great a degree as is legally possible. The university is committed to protecting the privacy of reporting parties, complainants, and respondents. Given the sensitive nature of reports, information will be maintained in a secure manner and will only be disclosed to school officials who are responsible for handling the university’s response. The expressed wishes of the reporting party, complainant, and/or respondent regarding privacy will be considered by CREI or 5 Personally identifying information is defined as individually identifying information for or about an individual, including information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, regardless of whether the information is encoded, encrypted, hashed, or otherwise protected, including a first and last name; a home or other physical address; contact information (including a postal, email, or internet protocol address, or telephone or facsimile number); a social security number, a driver’s license number, passport number or student identification number; and any other information, including date of birth, racial or ethnic background, or religious affiliation that would serve to identify any individual.

6 Private - that which affects, characterizes, or belongs to an individual person, as opposed to the general public. With respect to this regulation, private means restricting information to those with a reasonable need to know.


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designee in the context of the university’s obligation to act upon the complaint and the right of the charged party to be informed about the charges against them. CREI or designee is responsible for evaluating requests for privacy and informing complainants of their right to use a pseudonym in university documents related to the complaint. If the individual does not disclose any identifying information about him/herself or any other party involved (e.g. names, department, or unit) during the inquiry, the university’s ability to respond to the allegations may be limited. Although individuals reporting sexual assault are not required to file criminal charges, the following program is offered in the State of Texas. In accordance with the Texas Code of Criminal Procedure, Chapter 57, when reporting certain sex offenses to a Texas law enforcement agency, victims may use a pseudonym to protect their identity. The offenses applicable to this program are identified in Chapter 62 of the Texas Code of Criminal Procedure, defined by the Texas Penal Code, and include sexual assault. The pseudonym will replace the victim’s name in all public files and records concerning the offense, including police records, press releases, and records of judicial proceedings.

Resources, Rights, and Options Following an allegation of sexual assault, dating violence, domestic violence, stalking, and/or related retaliation the complainant, the respondent, and other affected individuals have certain resources, rights, and options available to them. Parties with an inquiry or complaint are informed of resources, rights, and options in writing when CREI or other designees receive notification of an incident whether it occurred on or off campus and regardless of whether the individual elects to pursue a criminal complaint or disciplinary measures. Other designees include personnel who are likely to receive reports of prohibited conduct in the Division of Student Affairs, Division of Human Resources and Organizational Effectiveness or the Director of Operations or the Program Coordinators at HECM. Available assistance is also covered through prevention and awareness education. Additional information about any of the resources, rights, and options discussed in this section can be requested from CREI. The following are institutional and community resources available to complainants, respondents, and others.. Law Enforcement

Name Phone Address Website

HECM Security 956-271-1301 6200 Tres Lagos Blvd., McAllen, TX

n/a

McAllen Police Department

956-681-2000 1601 N. Bicentennial Blvd. McAllen, TX

http://www.mcallen.net/departments/pd/home

Hidalgo County Sheriff’s Department

956-383-8114 711 El Cibolo Rd. Edinburg, TX

https://tx-hidalgocounty.civicplus.com/Directory.aspx?did=83

Counseling and Mental Health


Deer Oaks Student Assistance Program

866-329-4148 n/a n/a

The Work/Life Solutions Program by GuidanceResources (for employees)

1-866-301-9612

n/a https://employees.tamu.edu/eap/









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Medical and Health Services


South Texas Health System McAllen (McAllen Medical Center)

956-632-4000 301 W. Expy. 83 McAllen, TX

https://www.mcallenmedicalcenter.com/

Rio Grande Regional Hospital

956-632-6000 101 E. Ridge Rd. McAllen, TX

http://riohealth.com/home/

No on-campus medical and health services are in place at HECM for Texas A&M University students or employees.

Support, Advocacy, Legal Assistance, and Other Resources


Hidalgo County Crime Victim Assistance

956-292-7600 100 E. Cano St 3rd Floor Edinburg, TX

https://tx-hidalgocounty.civicplus.com/index.aspx?nid=1690

Mujeres Unidas/Women Together

956-630-4881 511 N. Cynthia McAllen, TX

http://mujeresunidas.org/

Family Crisis Center, Inc. 956-423-9304 616 W. Taylor Harlingen, TX

http://www.familycrisisctr.org/

Friendship of Women, Inc.

956-544-7412 95 E. Price Rd., Bldg. C Brownsville, TX

http://www.fowinc.com/

Student Assistance Services (College Station campus)

979-845-3113 Student Services @ White Creek, Building 72

https://studentlife.tamu.edu/sas/

Women’s Resource Center (College Station campus)


https://studentlife.tamu.edu/wrc/

GLBT Resource Center (College Station campus)


http://studentlife.tamu.edu/glbt

Student Conduct Office (College Station campus)


http://studentlife.tamu.edu/sco

Student Legal Services7 (College Station campus)


http://studentlife.tamu.edu/sls

Offices of the Dean of Student Life (College Station campus)


https://studentlife.tamu.edu/

Organizational Consulting & Resolution Management (College Station campus)

979-862-4027 750 Agronomy Rd., General Services Complex, Ste. 1201 College Station, TX

https://employees.tamu.edu/ocrm/

7 Student Legal Services does not render advice to students in a dispute against other Texas A&M University students or against Texas A&M University and does not represent students in court.



http://riohealth.com/home/




http://mujeresunidas.org/

http://www.familycrisisctr.org/

http://www.fowinc.com/







http://studentlife.tamu.edu/sco

http://studentlife.tamu.edu/sls

https://studentlife.tamu.edu/




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University Police Department Victim Services (College Station campus)

979-458-9767 1111 Research Parkway College Station, TX

https://upd.tamu.edu/Pages/VictimsAdvocate.aspx

Bryan Police Department Victim’s Assistance

979-209-5312 303 East 29th Street Bryan, TX

http://www.bryantx.gov/police/investigative-services-bureau/

College Station Police Victim Advocacy & Assistance Program

979-764-5004 2611 Texas Avenue South College Station, TX

http://www.cstx.gov/index.aspx?page=3927

Brazos County Victim Assistance Division

979-361-4320 300 East 26th Street Suite 310 Bryan, TX

http://www.brazoscountytx.gov/index.aspx?NID=227

Brazos County Family Violence Unit

979-361-4657 300 East 26th Street 1st Floor Bryan, TX

http://brazoscountytx.gov/index.aspx?NID=112

Twin City Mission Domestic Violence Services

979-775-5355 2505 South College Avenue Bryan, TX

https://www.twincitymission.org/domestic-violence-services

Sexual Assault Resource Center of Brazos County (SARC)

979-731-1000 (24 hour hotline)

n/a http://www.sarcbv.org

National Sexual Assault Hotline

800-656-HOPE

n/a https://rainn.org/get-help/national-sexual-assault-hotline

National Domestic Violence Hotline

800-799-SAFE

n/a http://www.thehotline.org

No on-campus support, advocacy, legal assistance, and other resources are in place at HECM for Texas A&M University students or employees.

Visa and Immigration Assistance


International Student Services

979-845-1824 1ST Floor of The Pavilion, Room 110 Texas A&M Campus

http://iss.tamu.edu

U.S. Citizenship and Immigration Services, Texas – San Antonio Field Office

800-375-5283 20760 North US Highway 281, Suite A San Antonio, TX

http://www.uscis.gov/about-us/find-uscis-office/field-offices/texas-san-antonio-field-office

No on-campus visa and immigration assistance is in place at HECM for Texas A&M University students or employees.













http://www.sarcbv.org/

https://rainn.org/get-help/national-sexual-assault-hotline



http://www.thehotline.org/

http://iss.tamu.edu/






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Student Financial Aid


Scholarships & Financial Aid

979-845-3236 2nd Floor of The Pavilion Texas A&M Campus

https://financialaid.tamu.edu/

Veteran Services 979-845-8075 2nd Floor of The Pavilion Texas A&M Campus

http://veterans.tamu.edu

Federal Student Aid Information Center

800-433-3243 n/a https://studentaid.ed.gov/

No on-campus student financial aid services are in place at HECM for Texas A&M University students or employees.

Institutional Rights and Options (Interim Measures) The institution is obligated to offer and provide assistance to the complainant, the respondent, and other affected individuals in obtaining a range of accommodations, support services, academic adjustments, and interim, remedial, and protective measures. The measures are intended to facilitate continued access to university employment, academic programs, and university activities; stop and prevent the reoccurrence of prohibited conduct; and support the individuals involved. The institution is obligated to comply with the individual’s reasonable request for a living and/or academic situation change following an allegation of sexual assault, dating violence, domestic violence, or stalking. Upon the request of an individual involved with the report, CREI (979-458-8407) can assist with measures including, but not limited to, changing academic, living, transportation, and working situations and obtaining no contact directives. The various options are provided on a temporary or permanent basis (subject to periodic review), if requested, appropriate, and reasonably available, regardless of whether the individual chooses to report the incident to law enforcement or pursue disciplinary remedies. The university also provides reasonable interim, remedial, and protective measures to third parties as appropriate and available, taking into account the role of the third party and the nature of any contractual relationship with the university. When an allegation of sexual assault, dating violence, domestic violence, or stalking is made, the institution will take prompt steps to provide interim measures before the investigation. These measures may be available regardless of whether a formal disciplinary investigation is pursued. The university will maintain the privacy of a person receiving support services, academic adjustments, or protective measures provided to the extent practical and will promptly address any violation of the protective measures. In determining which institutional measures to impose and the reasonableness of the related measures, CREI considers the request; the safety of the complainant, respondent, and the university community; the specific needs of the individuals; the severity or pervasiveness of the allegations; continuing effects; sharing of residence halls, dining halls, classes, transportation, or job locations; other judicial measures already in place; and other factors as appropriate. CREI will also consider whether requesting an interim suspension or interim restriction (for student respondents) or an interim administrative action such as a leave of absence (for employee respondents) would enhance the safety and well-being of the complainant, respondent, and campus community. Measures provided by the institution vary and may include, but are not limited to, the following:

Changing on-campus living situations including obtaining emergency housing or moving into another residential facility

https://financialaid.tamu.edu/

http://veterans.tamu.edu/

https://studentaid.ed.gov/


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Providing academic accommodations such as transferring, withdrawing, or retaking classes; postponing due dates; or rescheduling exams or assignments

Changing work schedules, job assignments, work locations, or other arrangements

Transportation and parking assistance and/or modification

Assistance in obtaining access to medical, legal (protective orders and criminal trespass warnings available through law enforcement and the judicial system), counseling support, and financial aid guidance

Imposing institutional no-contact directives as described below

Imposing interim suspensions of students as described below

Obtaining interim administrative actions for employees, such as a leave of absence as described below

Imposing institutional interim restrictions8 on students including restrictions in representing the university, and/or restriction of participation in university affiliated organization meetings, events, and/or activities

No-contact Directive: A no contact directive is an interim measure issued by the institution that prohibits two parties from contacting one another through any means. No contact directives can be issued in addition to court ordered protection but may also serve as an alternative for those who do not want to seek a court order. A complainant or a respondent can request a no-contact directive through the CREI at 979-458-8407. CREI may issue a no-contact directive at any time prior to or during a conduct investigation based on information provided by the requestor. A no-contact directive may also be implemented as a sanction subsequent to a finding of responsibility. If good cause for a no-contact directive is determined, both parties are notified of the restrictions in writing. Records are maintained in the student conduct system for no-contact directives involving students. Individuals should be aware that direct contact, refusal to leave a protected area, appearing at a location one reasonably knows the protected party is at, third-party contact, or even an anonymous contact are all potential violations of a no-contact directive. Violations should be reported to CREI and may result in further disciplinary action. Interim Suspensions of Students: A student may not be expelled or suspended prior to a decision of responsibility for prohibited conduct or for other violations of university rules, policies, regulations, codes, or SAPs except when the Dean of Student Life believes that an interim suspension should be imposed. Interim suspensions may be imposed only to ensure the safety and well-being of members of the university community or guest, or preservation of university property; to ensure the student’s own physical or emotional safety and well-being; and/or if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the university. If the Dean of Student Life issues an interim suspension, a show cause hearing will be scheduled as soon thereafter as practicable. The student will be notified in writing of this action and the reasons for the interim

8 Interim restrictions may be imposed (1) when a student has been interim suspended; (2) when a determination is made to implement a transcript hold under Texas A&M System Regulation 11.99.02; and/or (3) in instances when the student’s participation or representation would threaten or negatively impact other students who are participating and/or representing an organization or the university. When interim restrictions are imposed, a student will be notified in writing of the specifics of the restrictions and why the restrictions are being implemented. Restrictions will remain in place through a designated time period and/or, if not indicated, until the student is notified that the restriction has ended.


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suspension. The notice will include the time, date, and place of a subsequent conference at which the student may show cause as to why his/her continued presence on the campus does not constitute a threat. The student may also contest whether the facts of the initial report are accurate. The Dean of Student Life works in collaboration with appropriate HECM administrators to implement the interim suspension. During the interim suspension, a student may be denied access to campus housing and/or the campus (including classes) and/or all other university activities or privileges for which the student might otherwise be eligible. The interim suspension does not replace the investigation and resolution process. The investigation and resolution process shall proceed as outlined in this policy, except that the timelines referenced in this policy may not be followed and the allegations will be resolved as soon as possible. Interim Administrative Actions for Employees: In accordance with university rules and SAPs, CREI may request that an employee be placed on leave during the investigation and resolution process. CREI may also issue interim restrictions to an employee, which include, but are not limited to, contact restrictions (no-contact directives); representation of the university; “no trespass” orders, etc. Such interim actions will remain in place as specified in a notification to the employee or until the allegations are resolved. Confidentiality/Privacy of Accommodations and Protective Measures (includes interim measures): The university will maintain as private any accommodations or protective measures provided to the extent that maintaining such privacy would not impair the ability of the institution to provide the accommodations or protective measures. CREI is responsible for determining what information and to whom information will be disclosed based on the circumstances of the allegation, the individuals involved, and related safety needs. CREI uses discretion and only discloses information to key officials at the institution who perform the tasks necessary for obtaining or providing the particular accommodation or protective measure. The identity of an alleged victim of sexual harassment, sexual assault, dating/domestic violence, or stalking may only be disclosed to: (a) persons employed or under contract with the institution, who are necessary to conduct an investigation of the report or any related hearings; (b) a law enforcement officer as necessary to conduct a criminal investigation of the report; (c) the person or persons alleged to have perpetrated the incident, to the extent required by other law; or (d) potential witnesses to the incident as necessary to conduct an investigation of the report. Other areas receiving information related to supportive measures may include, but are not limited to: Offices of the Dean of Student Life, Residence Life, Transportation Services, Athletics, Scholarships and Financial Aid, Corps of Cadets, Student Activities, Division of Human Resources and Organizational Effectiveness, academic departments (direct supervisor, Dean, or Associate Dean), or non-academic departments (direct supervisor, Vice President, or designee). Prior to disclosure, CREI will receive consent to disclose the identity of the alleged victim, inform the individual of the information that will be shared, with whom it will be shared, and why. Legal Rights and Options The institution provides information and assistance to the complainant, the respondent, and other affected individuals in obtaining lawful orders issued by a criminal, civil, or tribal court including protective orders and criminal trespass warnings as discussed below. Failure to comply with any of the terms of lawful interim protective measures may be considered a separate violation in the institutional disciplinary proceeding. Protective Orders: Individuals may apply for protective orders through the Texas criminal justice system. A protective order is an interim protective measure that requires the recipient to stay away from the protected individual’s home, workplace, and/or children’s schools (if the children are protected persons in the order)


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depending on the documented circumstances. It can require the recipient to stop communicating with the protected individual in a harassing or threatening manner, attend counseling, pay child support, and/or pay spousal support. An application for a protective order may be filed by an individual, a prosecuting attorney, or the Texas Department of Family and Protective Services (1-800-252-5400) on behalf of an individual. The application is obtained through the county attorney (Hidalgo County Attorney’s Office, Civil Section, 956-292-7613), or a private attorney. Forms associated with applying for a protective order are found on the following webpage: https://tx-hidalgocounty.civicplus.com/index.aspx?NID=1687 The application for a protective order must be filed in either the county where the applicant lives or the county where the recipient lives. The applicant’s address can be kept confidential. If the legal criteria for a protective order is met, the county or district attorney’s office will prepare and file all of the paperwork necessary to request a protective order from a court. Such orders provide effective tools for law enforcement when they are called upon to protect an individual and their family. Additionally, an emergency protective order may be recommended and automatically issued by the court following the original report and arrest of the respondent. A hearing is held at a later date to determine if the order should be extended or modified. Local law enforcement agencies are notified of all existing protective orders in their area. If the requestor or other institutional personnel become aware that a protective order is violated, the MPD should be contacted immediately at 956-681-2000. Responding agencies can also be contacted for protective order violations including Hidalgo County Sheriff’s Department (956-383-8114). Violating protective orders generally carry authority for the violator’s immediate arrest by law enforcement agencies. Criminal Trespass Warning: A criminal trespass warning is an interim protective measure issued by the MPD which is directed at those who are considered a danger to the campus community or a danger to a certain individual in the campus community. The warning advises the respondent to leave the premises and forbids him/her from entering and/or remaining on certain property which can cover either the entire campus or a specific campus location. To request a criminal trespass warning, contact MPD at 956-681-2000 and request to speak with an officer. The MPD officer issues the criminal trespass warning if the respondent is determined to pose a risk to campus safety based on information provided by the requestor as it relates to applicable state law. When the warning is issued, the officer is responsible for providing notice to the requestor and the person receiving the warning. Law enforcement officers are notified of criminal trespass warnings that exist in their area. If a criminal trespass warning is violated, MPD should be contacted immediately at 956-681-2000. A violation of the criminal trespass warning occurs when the individual is issued a warning but refuses to leave campus or is subsequently found in a prohibited area based on the trespass warning. The requestor and other institutional personnel should take appropriate action by contacting the MPD for a responding officer when they become aware of a potential violation of a criminal trespass warning. The MPD generally enforces these warnings by charging violators with criminal trespass resulting in arrest and/or fine. If the complainant, respondent, or member of the university community has obtained an order of protection, civil no-contact order, or similar order from a court as described in this section, against another member of the university community, a copy of the order should be provided to the Chief Risk, Ethics, and Compliance Officer. In conjunction with MPD and other university officials, the Chief Risk, Ethics, and Compliance Officer will take all reasonable actions authorized by law to implement the order. Other Legal Options: The Hidalgo County District Attorney’s Office, Crime Victim Assistance (956-292-7600), and the McAllen Police Department Crime Victims Liaison’s Office (956-681-2080) are available to provide

https://tx-hidalgocounty.civicplus.com/index.aspx?NID=1687


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information about personal safety, Texas Crime Victim’s Rights, Texas Crime Victims Compensation Fund and other information upon request. Or visit the Office of the Texas Attorney General’s website at https://www.texasattorneygeneral.gov/cvs/crime-victims-compensation.

Investigations and Disciplinary Proceedings9 for Sexual Assault, Dating Violence,

Domestic Violence, Stalking, and Related Retaliation

Proceedings from an allegation of sexual assault, dating violence, domestic violence, or stalking (prohibited conduct) are provided in a prompt, fair, and impartial manner from the initial investigation to the final result, including any appeals. They are consistent with the institution’s policies and transparent and equitable to the complainant and respondent. The investigation provides that:

Timely and equal access to any information that will be used during informal and formal disciplinary meetings and hearings will be provided to the complainant, respondent, and appropriate officials.

During the investigation the complainant and respondent have timely notice of meetings at which the complainant or respondent, or both, may be present.

Individuals conducting investigations and other decision makers, at a minimum, receive training annually regarding university rules and procedures and handling of civil rights investigations. Investigators receive additional training in regards to conducting fair and impartial investigations including trauma-informed investigation techniques, due process protections, and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability. Employees and student workers who observe or become aware of prohibited conduct must promptly report all known information, including identities of witness and involved parties, to the university. Student workers are not required to report prohibited conduct if the student worker observes or becomes aware of the prohibited conduct outside the context of their student worker employment. Employees and student workers who experience prohibited conduct are strongly encouraged, but not required, to report the prohibited conduct to the university. Additionally, students and third parties are strongly encouraged, but not required, to report prohibited conduct. Once an individual discloses information to CREI, a complaint will be considered to be filed with the university, and the institution’s process is initiated regardless of whether the complainant choses to pursue criminal charges. The complaint regarding prohibited conduct is initially reviewed by CREI, not only to assess safety, but also to determine whether a potential violation of the System Regulation 08.01.01 or other university rule, SAP, code, or policy could have occurred. During the initial review and preliminary assessment CREI will:

Inform the complainant formal resolution policies and solicit the complainant’s preferred method for resolving the matter. The complainant may request a formal resolution of the allegations of prohibited conduct or may request “no resolution” of the allegations or prohibited conduct.

If applicable, inform the complainant of the right to use a pseudonym in university documents related to the complaint.

Offer assistance to the complainant in submitting a written complaint that details the nature and circumstances of the allegations, including the names of the complainants and respondents, if so inclined.

9 For the purposes of this section, proceeding means all activities related to a non-criminal resolution of an institutional disciplinary complaint, including, but not limited to, fact-finding investigations, formal or informal meetings, and hearings. Proceeding does not include communications and meetings between officials and the complainant, respondent, and other affected individuals concerning accommodations or protective measures.

https://www.texasattorneygeneral.gov/cvs/crime-victims-compensation


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If a complaint alleges conduct that may be prohibited conduct as well as a violation of one or more rules, SAPs, regulations, codes, or policies, CREI will consult with other university officials, as appropriate, and coordinate procedures to resolve the allegations in addition to those required by this policy. CREI may elect to resolve all the allegations in one proceeding under this policy, or CREI may elect to refer one or more of the allegations to other university administrators for resolution apart from this policy. No Resolution If the complainant requests that no resolution of the allegations occur, the university will seek to honor the request whenever possible without impeding the university’s ability to enhance the safety and security of the complainant and the university community. CREI will consider the following factors when evaluating such requests:

All of the known circumstances, including any corroborating evidence;

The nature and scope of the alleged conduct, including whether the reported behavior involves the use of a weapon;

The respective ages and roles of the complainant and respondent;

Whether there have been other reports of prohibited conduct or other misconduct by the respondent;

Whether the report reveals a pattern of misconduct related to prohibited conduct (e.g. via illicit use of drugs or alcohol) at a given location or by a particular group;

Fairness considerations for both the complainant and the respondent;

Whether the university possesses other means to obtain relevant information and evidence;

The university’s obligation to provide a safe and non-discriminatory environment;

Admissions of responsibility by the respondent, if any; and

The impact of honoring the request on the complainant and the university community, including the risk of additional violence.

If the university is able to honor the complainant’s request for no resolution, the university may close the matter with no action taken, or the university may proceed with other appropriate steps, including investigation and disciplinary action against the respondent for violations of other rules, SAPs, regulations, policies, or codes, if applicable. If the university determines that the complainant’s request cannot be honored, the complainant will be notified of the decision, and CREI will take appropriate actions, including but not limited to, (1) offering support services or academic adjustments and imposing protective measures and (2) initiating a formal investigation. Formal Resolution The allegations will be considered for investigation pursuant to the following procedures. CREI reserves the right to resolve the complaint through no resolution rather than a formal investigation if the allegation does not rise to the level of prohibited conduct. Within 5 business days of the receipt of a report, or as soon as practicable thereafter, CREI may consult with the Texas A&M University System Office of General Counsel (OGC) as needed and make a preliminary determination about whether to conduct a formal investigation of the allegations. The preliminary determination may include, but is not limited to, the following:

An assessment of whether there is sufficient known or obtainable information to proceed with an investigation of the complaint;

An assessment of whether the allegations are baseless;

An assessment of whether the allegations, if true, would constitute prohibited conduct; and/or

An assessment of whether a complainant’s request for no resolution may be honored.


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If it is determined that there is insufficient information to proceed with an investigation; or that the allegations are baseless; or that the allegations, if true, would not constitute prohibited conduct; or, that an investigation will not occur due to the complainant’s request for no resolution, CREI may, after consultation with OGC, dismiss the complaint or refer the report to a different office at the university. The university office may review the conduct and take disciplinary action against the respondent for violations of other university rules, codes, regulations, policies, or SAPs, if applicable.

Once it has been determined that the university will proceed with a formal investigation, CREI will appoint the Investigative Authority (IA)10 to initiate the process of determining whether a violation of System Regulation 08.01.01 or other university rule, SAP, code, or policy occurred. Within 2 business days of the IA’s appointment, the Assistant Vice President and Title IX Officer (or designee) shall simultaneously notify the complainant(s) and respondent(s) in writing of the commencement of the investigation. The notice of investigation will include:

the identity (or pseudonym, if requested and applicable) of the complainant and the respondent;

the date, time (if known), location, and nature of the alleged misconduct;

the regulation(s), policies(s), rule(s), SAP(s), or code(s) alleged to have been violated and a copy of the Texas A&M University SAP 08.01.01.M1.01, Investigation and Resolution of Allegations of Prohibited Conduct Against Students, Employees, and Third Parties (SAP 08.01.01.M1.01);

the identity of and contact information for the IA;

the identity of the Designated Administrator (DA) and Appellate Authority (AA); 11

an explanation of the prohibition against retaliation;

an instruction to the parties to preserve any potentially relevant evidence in any format;

information about the university’s process for challenging the neutrality or bias of the IA, DA, or AA; and

a redacted copy of the written complaint, if any, with appropriate admonishments about privacy.

If the complainant has requested that a pseudonym be used in the university’s paperwork, the respondent will be verbally notified of the complainant’s name at the respondent’s intake meeting. The notice will also include an assurance that the parties will be kept apprised of the status of the investigation and resolution process and provide a contact person for the party to contact for periodic update.

10 The IA is one or more trained individuals appointed to conduct a formal investigation to discover and examine the facts related to an allegation. The IA may also draw conclusions as to whether, based on the preponderance of the evidence, an allegation is substantiated, unsubstantiated, or that there is insufficient information to substantiate. The IA may also draw conclusions as to whether or not any other regulations, codes, policies, rules or SAPs were violated.

11 The DA reviews the investigation report, the documentary evidence, and any other relevant information and renders a written decision of responsibility based on the preponderance of the evidence as to 1) whether the conduct alleged occurred; and 2) whether each allegation has been substantiated, unsubstantiated, or that there is insufficient information to substantiate that the respondent violated System Regulation 08.01.01. The DA may also render a written decision as to whether other regulations, codes, policies, rules or SAPs were violated. If violation(s) are found, the DA may issue sanctions. If the complainant or the respondent appeals the DA’s decision, the AA will review the investigation report, the DA’s decision, the documentary evidence, and any other relevant information and render a written decision on the appeal. All persons serving as DAs, AAs, and IAs will be impartial and free of conflicts of interest against the complainant or the respondent. Parties who are concerned about the impartiality of an individual serving in one of these roles should submit their concerns, in writing, to the Chief Risk, Ethics, and Compliance Officer ([email protected]) who may designate alternative individuals to fulfill any of these roles. If the concern is in relation to the Chief Risk, Ethics, and Compliance Officer serving in one of the capacities, the Vice President for Finance will have the option of designating a replacement.



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CREI is responsible for all administrative actions required to conduct the investigation. These include, but are not limited to, informing the parties of extensions or other delays affecting the investigation, contacting supervisors or faculty regarding their employees’ or students’ time away from work or class to participate in the investigative process, making reports to university administrators, and other responsibilities necessary to properly conduct the investigation. To the extent possible, the investigation will be conducted in a manner that protects the privacy of all parties involved. While the university cannot guarantee complete privacy, information collected during the investigation will be communicated only to the parties and those with a need to know in order to fulfill the purposes of university policies and to comply with applicable laws. If the respondent is an employee, the Assistant Vice President and Title IX Officer (or designee) shall notify, in writing, the respondent’s department head that CREI is investigating an allegation that the respondent has engaged in conduct that may be a violation of System Regulation 08.01.01 or other university rules, SAPs, codes, or policies.

The IA will review the complaint, conduct a prompt, fair, thorough, and impartial investigation, and provide a draft investigation report for OGC review within approximately 30 business days from the issuance of the notice of investigation. Circumstances may warrant extensions to this timeframe. Abuse of the investigation and resolution process is subject to disciplinary action up to and including dismissal or separation from the university. Examples of abuse of process include, but are not limited to:

Failure to appear at a meeting, interview, hearing, or conference as set forth in a notice issued by CREI;

Falsification, distortion, destruction, or misrepresentation of evidence or information;

Disruption or interference with the orderly conduct of an investigation, interview, meeting, hearing or conference;

Intentionally initiating or causing a false report to be initiated;

Attempting to discourage an individual’s proper participation in, or use of, the investigation and resolution process, disciplinary process, or legal process;

Attempting to influence the impartiality of the IA, AA, or DA prior to, and/or during the course of the investigation and resolution process;

Verbal or physical intimidation, and/or retaliation of any party to the investigation and resolution process prior to, during, and/or afterwards;

Failure to abide by the terms of university administered sanctions;

Influencing or attempting to influence another person to commit an abuse of the investigation and resolution process; and/or

Failure to cooperate fully with the IA (applies to employees only). Students, employees, and third parties who are found responsible for abuse of the investigation and resolution process are subject to the sanctions as described in this policy. During the investigation, the complainant and the respondent will have an equal opportunity to be heard, submit information and corroborating evidence, identify witnesses who may have relevant information, and submit questions to be asked of the other party. Questions for the other party will be asked by and at the discretion of the IA. The IA will meet separately with the complainant, the respondent, and any witnesses, and will gather other relevant and available evidence and information. The IA may also consult medical, forensic, technological, or other experts when expertise is needed in order to achieve an understanding of the issues under investigation.


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Witnesses must have observed the acts in question or have information relevant to the incident in order to participate in the process. A witness cannot participate solely to speak about an individual’s character. However, a respondent may provide letters or other written testimonials to the IA that include information about the respondent’s character, which will be provided to the DA after a decision on responsibility has been made but before sanctions, if any, are considered. Investigations provide both the complainant and respondent the same opportunities to have others present during any institutional proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor (any individual who provides the complainant or respondent support, guidance or advice) of their choice. The advisor may be present at any time in which the party participates in the investigation and resolution process, including the filing of the complaint, the interview with the IA, and all other meetings related to the investigation and resolution of the complaint. The advisor may be any person selected by a party, including legal counsel, except that the advisor may not be another party or a witness in the case. Restrictions regarding the extent to which the advisor will participate in the proceedings may be established and applied equally to both parties. The advisor’s participation will be limited to the role of an observer, although the advisor may request a break at any point to give advice to a party. An advisor can be barred from being present during the process if, in the judgment of the IA, the DA, the AA, or the Assistant Vice President and Title IX Officer, the advisor attempts to directly address the IA, DA or AA, advocate on behalf of a party, or is otherwise disruptive. All parties, including advisors, are informed of participation restrictions before a proceeding is conducted so that parties understand and respect the limitations. Any fees charged by the advisor are the responsibility of the individual who selected the advisor. When the university is made aware that there is a concurrent criminal investigation, CREI may inform the law enforcement agency that a university investigation is also in progress; ascertain the status of the criminal investigation; and determine the extent to which any evidence collected by law enforcement may be available to the university in its investigation. At the request of law enforcement, the university may temporarily defer part or all of the investigation until after the initial evidence-gathering phase of the law enforcement investigation is complete. The IA will communicate with the parties (as appropriate) about the law enforcement agency’s request; the university’s obligations and supportive resources; procedural options; anticipated timing; and the implementation of any necessary interim measures for the safety and well-being of all affected individuals. Standards for the resolution of criminal allegations are different than the standards for resolution of a violation of System Regulation 08.01.01 and/or any other university policy, rule, SAP, or code; therefore, the university will not base its decisions on any law enforcement determination and/or the outcomes of any criminal proceedings. The IA has the sole discretion to determine the relevance of evidence and whether it should be included in or excluded from the investigation report. With respect to allegations of prohibited conduct based on sex or gender, the sexual history of the complainant or respondent is generally irrelevant and will not be used to prove character or reputation. Sexual history of the parties may be relevant in limited circumstances, such as when it aids in determining the manner and nature of prior communications of consent between the parties. At the conclusion of the investigation, the IA will prepare a draft investigation report summarizing the relevant information gathered and outlining any relevant contested and uncontested information. The draft investigation report will not include any conclusions as to whether allegations are substantiated, unsubstantiated or that there is insufficient information to substantiate.


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The complainant and the respondent will be notified that the draft investigation report is complete and will be given 5 business days to review the draft investigation report and submit a written response to the IA. CREI may extend the time to review the draft investigation report upon request for good cause. If one party is granted an extension of time to review the report, an equal amount of additional time will be granted to all other parties. In cases that include allegations against a student respondent, the exhibits to the draft investigation report may be reviewed by the parties upon request. In cases that include allegations against an employee or third party respondent, all parties may review the exhibits to the draft investigation report without making a request. Involved parties have the opportunity to review and respond to the draft investigation report by: (1) providing written comment or feedback, (2) submitting additional evidence or information, (3) identifying additional witnesses or requesting the collection of other information by the IA, and/or (4) suggesting questions to be asked (at the discretion of the IA) of the other parties. A party’s written response, if any, will be shared with all other parties and incorporated in the investigation report as an exhibit. If a party knows, or through the exercise of reasonable diligence, should know, of information or evidence that was not provided to the IA during the investigation, the party must provide such information or, if the party does not have access to the information, a description of such evidence to the IA during the review and respond period or such evidence will not be considered, absent good cause, in the determination of responsibility for a violation of a regulation, rule, SAP, code, or policy.

At the conclusion of the review and respond period, the IA will determine if any new or relevant information was provided by one or both of the parties. If necessary, the IA may pursue additional investigative steps and/or amend the investigation report. If the amended investigation report contains any material or substantial changes, the complainant and respondent will be given 5 business days to review the amended investigation report and submit a written response as set forth above. The opportunity to review and respond to an amended investigation report will be extended to the complainant and respondent until the IA determines that no material or substantial changes were made to the draft investigation report. The IA may add a conclusion for each allegation to the investigation report after the final review and responds period concludes. The conclusion will be: substantiated, unsubstantiated, or insufficient information to substantiate based on the evidence and information in the report. In addition, the IA may add a conclusion as to whether System Regulation 08.01.01 was violated, and, if appropriate, the IA may make a conclusion as to whether other regulations, policies, rules, SAPs, or codes were violated. The IA will use the preponderance of the evidence standard (i.e., more likely than not) in making conclusions. The IA will not make any recommendations or conclusions with respect to sanctions. The conclusions of the IA are merely advisory and are not the final decision with respect to responsibility. Within 5 business days after the final review and respond period concludes, CREI will forward the investigation report, as amended with conclusions (if applicable), along with the documentary evidence and any other relevant information, to the OGC. OGC will conduct a legal review in accordance with Section 4.2.5 of System Regulation 08.01.01. OGC will provide its legal review to the IA within 10 business days. After receiving the legal review, the IA will have 5 business days to finalize the investigation report. The Assistant Vice President and Title IX Officer (or designee) will submit the final report directly to the DA, appointed in accordance with the following table, for decision-making. In cases that involve a student respondent, all parties will receive an electronic copy of the final investigation report (which does not include conclusions or exhibits) at the time the report is sent to the DA. Exhibits may be reviewed upon request in CREI’s office.




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Designated Administrators If the allegations are against a

Student Non-Faculty Employee or Third Party

Faculty Employee

Then the DA is: Hearing Officer appointed by the Chief Risk, Ethics, and Compliance Office

Individual appointed by the Chief Risk, Ethics, and Compliance Office Exception: The Texas A&M System Chancellor or designee is the DA for complaints against the Texas A&M University President and for any employee who reports to the President.

The Dean of Faculties and Associate Provost

Exception: The Texas A&M University President or designee is the DA for complaints against the Dean of Faculties and Associate Provost.

The respondent is presumed to not have engaged in prohibited conduct until the DA finds that there is sufficient evidence based on a preponderance of the evidence to find that the respondent has violated System Regulation 08.01.01 or Texas A&M University Rule 08.01.01.M1, Prohibited Conduct: Discrimination, Harassment, Complicity, and Related Retaliation based on a Protected Characteristic. If violation(s) are found, the DA may issue sanctions. Formal resolution procedures governing non-separable allegations against students12 and all allegations against employees and third parties The DA will (1) review the unredacted final investigation report, the documentary evidence, and any other relevant information; and, (2) draft a result13 (hereafter called decision) based on the preponderance of the evidence as to a) whether the alleged conduct occurred; and b) whether each allegation is substantiated, unsubstantiated, or there is insufficient information to substantiate that the respondent violated System Regulation 08.01.01. The DA may also decide whether the respondent has violated any other regulations, rules, SAPs, codes, or policies. If any violations of System Regulation 08.01.01 are substantiated, the draft decision will include sanctions. The draft decision may also include sanctions for substantiated violations of regulations, rules, SAPs, codes, and policies. In the decision, the DA will state the rationale for the decision and the sanctions, if any. The decision must include any sanctions imposed by the institution. Notwithstanding section 444 of the General Education Provision Act (20 U.S.C. 1232g), commonly referred to as the Family Educational Rights and Privacy Act (FERPA), the result must include the rationale for the decision and the sanctions. The decision will also include an explanation of how the university weighted the evidence, how the evidence and information support the decision and sanctions, and how the standard of proof was applied. The final decision will include instructions for appealing the decision and/or sanctions. The decision of responsibility made by the DA does not constitute an employment action with respect to faculty and non-faculty employees. Any sanction imposed as a result of a substantiated finding, will constitute an employment action.

12 A non-separable allegation against a student is an allegation that a student engaged in conduct that does not carry a possible sanction of suspension or expulsion as per the Texas A&M Student Sanctioning Matrix or 2) has been determined by the Assistant Vice President and Title IX Officer to not be serious enough that, if true, a possible sanction of suspension or expulsion would be appropriate.

13 Result is defined as any initial, interim and final decision by any official or entity authorized to resolve disciplinary matters within the institution.

https://urc.tamu.edu/media/1601574/title-ix-sanctioning-matrices-august-2018.pdf


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If the DA has substantial doubts about the thoroughness, fairness, and/or impartiality of the investigation, the DA may refer the matter back to the IA with further instructions, which could include the appointment of a different IA. Within 5 business days of the DA’s receipt of the final investigation report, the DA will forward its draft decision, including sanctions, to OGC. Within 5 business days of OGC’s receipt of the draft decision, OGC will conduct a legal review in accordance with Section 4.4.1 of System Regulation 08.01.01 and consult, as needed, with respect to sanctioning. Once the DA receives OGC’s legal review, the DA will then have 5 business days to finalize the decision and 1) forward notice of the DA’s decision to the parties simultaneously and in writing14; and 2) in cases that involve an employee respondent, simultaneously notify the parties of their right to review a copy of the final investigation report, with conclusions and the exhibits, after receiving admonishments as to privacy and retaliation. Formal resolution procedures governing separable allegations against students15 The DA will (1) review the unredacted final investigation report, the documentary evidence, and any other relevant information; and, (2) conduct a live hearing to allow the parties to present witnesses, evidence or information, and to cross-examine the other parties or witnesses by submitting written questions to the DA (questions will be asked by and at the discretion of the DA). If applicable, the DA has the sole discretion to determine the relevance of evidence and whether it should be heard at a live hearing. The Rules of Evidence do not apply in a live hearing. Thereafter, the DA will announce a decision (see Footnote 13), based on the preponderance of the evidence, as to a) whether or not the alleged conduct occurred; and b) whether each allegation is substantiated, unsubstantiated, or there is insufficient information to substantiate that the respondent violated System Regulation 08.01.01. The DA may also announce a decision as to whether the respondent violated any other university regulation, code, policy, SAP, or rule. If the DA determines that any regulations, policies, rules, SAPs, or codes have been violated, the DA will conduct a second hearing on sanctions immediately following the first hearing. The DA will receive information about and consider the following factors and accept any impact or mitigation statements as well as any information about the respondent’s character. Factors include, but are not limited to:

the expressed wishes of the complainant(s);

the nature of the prohibited conduct;

the impact of the conduct on the complainant(s) and university community and the need to protect the safety of the university community;

14 With respect to an allegation involving prohibited conduct based on sexual harassment, sexual assault, sexual exploitation, dating abuse/violence, domestic abuse/violence, or stalking based on sex or gender, the DA will simultaneously notify the parties, the IA, and any other university official with a need to know of any initial, interim, and final decision on the allegations and/or sanctions in writing, except when doing so would violate state or federal law (e.g., FERPA). If the allegations involve prohibited conduct other than sexual harassment, sexual assault, sexual exploitation, dating abuse/violence, domestic abuse/violence, stalking, or related retaliation the DA will simultaneously notify: (1) the complainant that an investigation of the allegations was conducted and the matter has been resolved appropriately; and (2) the respondent, the IA, and any other university official with a need to know, of the decision and/or sanctions. In all cases, the DA will also notify the parties that they can review the final investigation report with conclusions (if applicable) and exhibits in CREI’s office. The final investigation report is redacted in accordance with state and/or federal law before the parties’ review. 15 A separable allegation is an allegation that 1) a student respondent engaged in prohibited conduct or other violation of System regulations or university policies that carries a possible sanction of suspension or expulsion as per the Texas A&M Student Sanctioning Matrix or 2) the Assistant Vice President and Title IX Officer has determined to be serious enough, if true, a sanction of suspension or expulsion would be appropriate.




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prior disciplinary history of the respondent;

whether the respondent has accepted responsibility for the conduct;

the necessity of any specific action in order to eliminate the prohibited conduct, prevent its recurrence, and remedy its effects on the complainant(s) or other university community members; and/or

any other mitigating, aggravating , or compelling circumstances. Thereafter, the DA will simultaneously notify the parties, in writing, of the decision on responsibility and sanctions (see Footnote 14). In the decision, the DA will state the rationale for the decision and the sanctions, if any. The decision must include any sanctions imposed by the institution. Notwithstanding section 444 of the General Education Provision Act (20 U.S.C. 1232g), commonly referred to as FERPA, the result must include the rationale for the decision and the sanctions. The decision of the DA will include how the university weighted the evidence and information contained within the investigation report, how the evidence and information support the decision and sanctions, and how the standard of proof was applied. The final decision will include information about appealing the decision and/or sanctions. The goal is to resolve complaints in a reasonably prompt timeframe not to exceed 90 business days excluding any appeal period; however, extenuating circumstances requiring additional time may necessitate an extension with good cause. Written notice of the delay and the reason for the delay is provided to the complainant and the respondent by CREI or designee. Sanctioning for Employees If an employee is found to have sexually harassed (see Footnote 1) another member of the university or agency community, the sanction will be termination of employment. If an employee is found to have engaged in prohibited conduct other than sexual harassment, the DA may assign appropriate sanction(s) which may have educational, restorative, punitive, and rehabilitative components. Sanctions include written warning or reprimand, required training and/or attendance at counseling, no contact directives, probation, suspension, and termination. If an employee is found responsible for violating any other rule, policy, SAP, code, or regulation, the DA may assign appropriate sanction(s) or may refer the sanctioning to any other appropriate university administrator. Sanctioning for Students If a student is found responsible for sexual harassment, sexual assault, domestic abuse/violence, dating abuse/violence, stalking based on sex or gender, or sexual exploitation, the student will be sanctioned in accordance with the Texas A&M Student Sanctioning Matrix which is described in the following table. If a student is found responsible for engaging in any other form of prohibited conduct, or if the student is found responsible for violating any other university rule or System regulation, the DA will assign appropriate sanctions which may have educational, restorative, and rehabilitative components.

Prohibited Conduct Example Behaviors Stage 1 Sanction

Stage 2 Sanction

Stage 3 Sanction

Stage 4 Sanction

Sexual harassment that is severe, persistent, or pervasive

Sexual innuendos, jokes, remarks, questions


Sexual gestures and/or gifts of a sexual nature


Display of sexually explicit visual material


Pressuring another person for dates or sexual favors



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Prohibited Conduct Example Behaviors Stage 1 Sanction

Stage 2 Sanction

Stage 3 Sanction

Stage 4 Sanction


Depriving another person educational access, benefits, opportunities


Threats in retaliation for reporting sexual misconduct, dating/domestic violence, and/or stalking (includes deprivation of and educational opportunity or benefit)

Domestic Abuse/Violence or Dating Abuse/Violence

Intimidation: Using actions, gestures, and tone of voice to indicate a threat of violence


Preventing complainant from calling for help


Destruction of property


Physical abuse: Pushing, shoving, hair-pulling, scratching, hitting, using force to prevent partner from leaving


Intimidation or Physical abuse in retaliation for reporting sexual misconduct, dating/domestic violence, and/or stalking


Displaying weapons, throwing objects at a person with potential to injure

Stalking Repeated, unsolicited phone calls, emails, texts, and/or gifts to another person and/or their family/household

Stalking Repeatedly following another person or conducting surveillance of another person and/or their family/household

Stalking Repeated, unsolicited visits to another person’s home, business, and/or class, and/or that of their family/household

Stalking Repeated, unsolicited contact or attempts to contact via social media

Stalking Intimidation or physical abuse in retaliation for reporting sexual misconduct, dating/domestic violence, and/or stalking

Stalking Assuming another’s identity in order to make contact with complainant

Non-consensual sexual contact Unwelcomed kissing and/or light touching over clothing

Non-consensual sexual contact Non-genital fondling, groping or heavy touching

Non-consensual sexual contact Unwelcomed increased touching, fondling, groping, or genital touching

Non-consensual sexual contact Unwelcomed touching, fondling, groping or genital touching

Sexual Abuse Oral sex

Sexual Abuse Penetration (by sex organs)

Sexual Abuse Penetration (by means other than sex organs)

The Stage 4 sanction is expulsion. Stage 3 sanctions include letters of enrollment block and suspension. The Stage 2 sanction is conduct probation. Stage 1 sanctions include conduct reviews, restrictions, restitution, community/university service, educational requirements, and letters of reprimand. Texas A&M University sanctions are defined below. Texas A&M Student Sanctioning Matrix - Stage 4 Sanctions

Expulsion: Separation of the student from the university whereby the student is not eligible for readmission to this University.


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Texas A&M Student Sanctioning Matrix - Stage 3 Sanctions Letter of Enrollment Block: A letter stating that the student may not reenter Texas A&M University without prior approval through the Offices of the Dean of Student Life or the Vice President for Student Affairs (in collaboration with appropriate HECM administrators) if enrollment has been blocked for a previous student conduct problem.

Suspension: Separation of the student from the university for a definite period of time. The student is not guaranteed readmission at the end of such period of time, but is guaranteed a review of the case and a decision regarding eligibility for readmission. The suspension takes effect when the appeal for the offense is exhausted, waived or time limit has passed. Suspensions may be implemented in one of two ways: immediate implementation of suspension or deferred implementation of suspension. The sanction of suspension may be placed in deferred status. If the student is found in violation of any university’s regulations, policies, rules, codes, or SAPs during the time of deferred suspension, the suspension takes effect immediately without further review. Additional student conduct sanctions appropriate to the new violation also may be applied. A student who has been issued a deferred suspension sanction is deemed “not in good standing16” with the university. At the end of the suspension period, the student is eligible for reenrollment. Actual admission to the university will be determined by the academic rules in place at the time of application for reenrollment. If admitted, the student is required to attend a mandatory meeting with the Office of Student Conduct (979-847-7272) prior to course registration.

Texas A&M Student Sanctioning Matrix - Stage 2 Sanctions

Conduct Probation: An official warning that the student’s conduct is in violation of Texas A&M University regulations, policies, rules, codes, or SAPs, but is not sufficiently serious to warrant expulsion or suspension. A student on conduct probation is deemed “not in good standing” with the university (see Footnote 16). If there is a finding of responsibility for subsequent violations of the university’s regulations, policies, rules, codes, or SAPs during this period of time, more severe sanctions may be administered.

Texas A&M Student Sanctioning Matrix - Stage 1 Sanctions

Conduct Review: An official warning that the student’s conduct is in violation of Texas A&M University regulations, policies, rules, codes, or SAPs, but is not sufficiently serious to warrant expulsion, suspension, or conduct probation. A student on conduct review shall have their conduct under review for a specified period of time. This sanction may require regular meetings with an appropriate official to ascertain and evaluate compliance with student rules. Additional restrictions or conditions also may be imposed, depending on the nature and seriousness of the misconduct. Students placed on this sanction remain in good standing with the university. If there is a finding of responsibility for subsequent violations of regulations, policies, rules, codes, or SAPs during this period of time, more severe sanctions may be administered.

16 A student who is not in good standing is subject to the following restrictions: (1) Ineligibility to hold an office in any student organization recognized by the university or to hold any elected or appointed office of the university. (2) Ineligibility to represent the university in any way, including representing the university at any official function, intercollegiate athletics or any forms of intercollegiate competition or representation. This includes events taking place both on and off of the university campus. (3) Ineligibility to receive a university administered scholarship when the length of the period of not in good standing is greater than one semester. Some scholarships adhere to more strict guidelines, and, therefore, ineligibility may result from a lesser length of not in good standing. This sanction implies a serious offense and must be uniformly applied by the office administering the scholarship upon notification by CREI. (4) Additional restrictions or conditions also may be imposed, depending on the nature and seriousness of the misconduct.


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Restrictions: The withdrawal of specified privileges for a definite period of time, but without the additional stipulations contained in the imposition of a sanction which results in a student being not in good standing. The restrictions involved will be clearly defined. Restitution: A payment for financial injury to an innocent party in cases involving theft, destruction of property or deception. The assessed costs to be paid may be in addition to receipt of any of the above sanctions. Community/University Service: A student may be offered an opportunity to complete a specified number of hours of community/university service. The type of community/university service must be approved by the respondent’s CREI Case Manager. Educational Requirements: A provision to complete a specific educational requirement. Such educational requirements may include, but are not limited to, completion of an alcohol education workshop, a diversity awareness workshop, essays, reports, reflective writing assignments, etc. Letter of Reprimand: A letter that makes a matter of record any incident that reflects unfavorably on the student or the university.

Minimum Sanctions

If an employee is found to have sexually harassed (see Footnote 1) another member of the university or agency community, the sanction will be termination of employment In addition, students found responsible for sex-based violence and/or non-consensual sexual penetration of another person will be subject to a minimum sanction of a one-year suspension, in the absence of significant mitigating factors. Students found responsible for these acts who have demonstrated predation17 for the purpose of carrying out these acts will be subject to permanent expulsion. Students found responsible for committing sex-based violence and/or non-consensual sexual penetration of another person who are allowed to return after a suspension of one year or more will be ineligible to hold an office in any student organization, ineligible to represent the university in any way (including intercollegiate athletics or other competitions, both on and off campus), and ineligible to receive an institutional scholarship, in the absence of significant mitigating factors.

Campus Housing Sanctions

In addition to the sanctions specified in the Texas A&M Student Sanctioning Matrix, occupants of each residence hall, by majority vote, have the power to establish additional “in house” rules approved by the Department of Residence Life. Generally, “in house” rule infractions are handled by Residence Life staff. Campus housing sanctions are described below. Loss of Campus Housing Privilege: Removal from university housing for conduct reasons.

17 Predation is defined as an intent to engage in these acts prior to their occurrence demonstrating premeditation, planning or forethought, and is reflected in communicated intent (physical, verbal, visual, or written), threats directed at a party, attempts to incapacitate a party, attempts to isolate a party, utilizing violence, or other actions that a reasonable person would construe as a pre-meditation to engage in actions that are unwanted by/against the recipient. Committing any of these actions with an individual under the age of consent is also considered predatory.



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Deferred Loss of Campus Housing Privilege: The sanction of loss of campus housing privilege may be placed in deferred status. If a student is found in violation of any university rule during the time of the deferred sanction, removal from housing takes effect immediately without further review. Additional student conduct sanctions appropriate to the new violation also may be taken. In addition, a student is ineligible to hold an elected or appointed office in any affiliated housing organization. This includes but is not limited to the following offices/positions: president, vice president, secretary, treasurer, Residential Housing Association delegate. Campus Housing Probation: An official notice that the student’s conduct is in violation of residence hall rules, university apartments rules and/or university rules and that more stringent student conduct sanctions, including removal from housing, may result if future violations occur. In addition, a student is ineligible to hold an elected or appointed office in any affiliated housing organization. This includes but is not limited to the following offices/positions: president, vice president, secretary, treasurer, Residential Housing Association delegate.

Corps of Cadets Sanctions

In addition to any of the sanctions listed in this section, members of the Corps of Cadets are subject to disciplinary action in accordance with Corps Operations Manual.

Appeals Appeals18 of the decision, the sanctions, or both may be made by the complainant and/or the respondent. All appeals will be confined to a review of the record from the investigation and any pertinent evidence, as well as the DA’s decision as related to the grounds for appeal. The appeal does not create an entitlement to a new investigation. Appeals must be filed in writing and must include a statement outlining the basis for the appeal and any evidence which supports the appeal. Appeals must be filed within 5 business days of receipt of the notice of the decision and/or sanctions to be appealed. Complainants and respondents are deemed to have received notice of the decision and/or sanctions on the day that the notice is emailed to the party’s university email account or to any other email account that was provided to CREI by the party. An appeal is filed when CREI receives a copy of a written appeal at [email protected]. If no appeal is filed within 5 business days of the receipt of the DA’s decision or CREI determines that the appeal does not identify one of the bases for appeal or provide credible information or evidence substantiating the identified bases for appeal, CREI will provide simultaneous notice to the parties that no valid appeal was filed and the decision and sanctions are final and the case is closed. If a timely and valid appeal is filed by either party, the other party will be notified as soon as practical thereafter. CREI will forward the appeal and any supporting information or evidence to the appropriate AA in accordance with the following table.

18 Results (decision and/or sanctions) can be appealed on any of all of the following bases, as applicable: (a) a procedural error or omission that significantly impacted the outcome; (b) new evidence, unknown or unavailable during the investigation that could have significantly impacted the outcome; or (c) the appropriateness or severity of the sanctions. If an employee was found to have sexually harassed another member of the university or agency community, the appropriateness or severity of the sanction cannot be appealed.



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If the allegations are against a:

Student

Non-Faculty Employee and Third Party

Faculty Employee

Then the AA is:

University Disciplinary Appeals Panel (UDAP) who may refer the appeal to the Dean of Student Life or designee https://student-rules.tamu.edu/rule58/

Vice President for the Division of Human Resources and Organizational Effectiveness or designee http://rules.tamu.edu/PDFs/32.02.02.M0.02.pdf

University Committee on Faculty Disciplinary Appeals (UCFD) who will render an advisory opinion regarding the appeal to the Provost and Executive Vice President who will render a final decision

The AA, in consultation with OGC, will review the appeal documents, the decision of the DA, any new evidence submitted by the parties, and the investigation report and exhibits. The AA will render a written decision which includes a rationale for the decision as to each of the grounds appealed. If an appeal is sought by both parties within the allowed time frame, the AA will review both appeals and will render decisions accordingly. The AA will render one or more of the following written decisions after reviewing a) the final investigation report, the documentary evidence and other relevant information; and b) the DA’s decision on responsibility and/or sanctions:

Affirm the DA’s decision on responsibility and/or the sanctions. There are no relevant issues of concern related to the ground(s) of the appeal, and, therefore, the decision is affirmed and final.

Remand the complaint back to the DA because new evidence, which was unknown or unavailable during the investigation, appears to be relevant and could have significantly affected the outcome of the decision on responsibility or the sanctions. The DA will instruct the IA to review the new evidence and amend the investigation report, as appropriate. The IA will submit the amended investigation report, without conclusions, to the parties for review and response and then to the DA for a new decision in accordance the established formal investigation procedures. The new decision of the DA may be appealed by the parties in accordance with the previously described appeal procedures.

Remand the complaint back to the DA with an instruction to correct the procedural error or omission. If the procedural error occurred during the investigation phase, the DA will instruct the IA to correct the procedural error or omission and amend the investigation report, as appropriate. The IA will then submit the amended investigation report, without conclusions, to the parties for review and response and then to the DA for a new decision in accordance with the established formal investigation procedures. If the procedural error occurred in the resolution phase, the DA will correct the procedural error or omission and then issue a new decision in accordance with established formal investigation procedures. The new decision of the DA may be appealed by the parties in accordance with the previously described appeal procedures.

Modify19 the decision on sanctions because the sanctions given were inappropriate or disproportionate to the severity of the conduct after considering all the circumstances. The AA will impose new sanctions, which are final.

The AA will forward the appellate decision to CREI within 15 business days from the date of receipt of the appeal, unless circumstances require additional time. The decision of the AA will be final. Within 5 business days after receiving the appellate decision, CREI will provide simultaneous written notice of the AA’s decision,

including changes occurring based on appeal and when such results become final (see Footnote 14).

19 If an employee was found to have sexually harassed another member of the university or agency community, the AA may not render a decision which modifies the sanctions.

https://student-rules.tamu.edu/rule58/

https://student-rules.tamu.edu/rule58/




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Extensions The university will make every reasonable effort to comply with the timelines contained in this procedure. However, extensions may be obtained by the IA, DA, or AA, as appropriate under the circumstances. Circumstances that warrant an extension may include, but are not limited to:

Temporary unavailability of the complainant(s), respondent(s) or witnesses;

Delays in issuance and/or receipt of information to or from the IA;

Temporary unavailability of the IA, DA, or AA due to illness, family needs or professional commitments;

Holidays or other periods when the complainant, respondent, witnesses, or other university employees may be unavailable; and/or

New allegations, new evidence, new witnesses, or any other fact or circumstance that would require further investigation.

All requests for extensions must be justified in writing and shall be sent by the IA, DA, or AA to OREC for review and approval by the Chief Risk, Ethics, and Compliance Officer or designee. CREI will simultaneously notify the complainant and respondent in writing of any extensions and the reason for the extensions. For all investigations and disciplinary proceedings If the respondent has multiple roles at the university, such as when the respondent is both a student and an employee, the Chief Risk, Ethics, and Compliance Officer will consult with other relevant university officials and determine which procedure(s) to follow in the investigation and resolution of the allegations of prohibited conduct as well as other policy violations. The Chief Risk, Ethics, and Compliance Officer will consider the known facts and circumstances, including which role predominates in the context of the prohibited conduct.

The university’s disclosure of information related to an investigation, the DA’s decision and/or the sanctions rendered are governed by the provisions of FERPA, the Texas Public Information Act (TPIA), the Texas Education Code Section 51.971, and other applicable confidentiality laws.

Prevention and Awareness Programs20

Primary prevention programs are directed at incoming students and new employees. The primary programs are defined as programming, initiatives, and strategies informed by research or assessed for value, effectiveness, or outcome that are intended to stop dating violence, domestic violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexual interactions, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions. Texas A&M University provides culturally relevant, inclusive primary prevention and awareness education to incoming students and new employees to clearly define sexual assault, dating violence, domestic violence, stalking, and consent. The programs identify sexual assault, dating violence, domestic violence, and stalking as prohibited conduct and provide information regarding bystander intervention, risk reduction in recognizing

20 For the purposes of this section awareness programs means community-wide or audience-specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration. Programs to prevent dating violence, domestic violence, sexual assault, and stalking means comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to end dating violence, domestic violence, sexual assault, and stalking that are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research, assessed for value, effectiveness, or outcome; and consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community, and societal levels.


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warning signs of abusive behavior, ways to avoid potential attacks, and individuals’ rights and options. The training includes procedures individuals should follow if sexual assault, dating violence, domestic violence, or stalking occurs and procedures the institution will follow when one of these behaviors is reported. This includes, but is not limited to, the importance of preserving evidence; options for notifying law enforcement and campus authorities; procedures for institutional disciplinary action and conduct proceedings; possible sanctions following a proceeding; on-campus and community resources; rights and options for obtaining lawful orders; assistance in receiving support measures and remedial action; how the institution will protect the confidentiality of victims and other necessary parties; and protection from retaliation. Primary prevention programs include the following:

The Offices of the Dean of Student Life provide material which HECM administration includes at new student conferences (orientation) for incoming Texas A&M University students at HECM facilities. Orientation includes presentation and distribution of the above educational material. The session is mandatory for incoming, undergraduate freshmen and transfer students.

Incoming graduate students pursuing a Masters of Public Health receive a similar mandatory orientation at the main campus provided by the Office of Student Affairs for the Texas A&M University Health Science Center School of Public Health.

The new student handbook, available to new undergraduate students electronically through a link they receive in an email from the Offices of the Dean of Student Life before the start of classes, contains information on sexual assault, dating violence, domestic violence, and stalking; awareness; rights; resources; and available options. The School of Public Health new student handbook contains a link to the Texas A&M sexual harassment complaint and resolution policy.

The Offices of the Dean of Student Life require a mandatory online training module (Sexual Assault Prevention) focused on sexual harassment, sexual assault, dating violence, domestic violence, and stalking. Each semester, the training is sent to all incoming Texas A&M University undergraduate, graduate, and professional students. New students are required to complete this training at all campuses with the exception of Texas A&M University Qatar.

New employees receive primary prevention information through a web-based Creating a Discrimination Free Workplace training mandated by The Texas A&M University System. All employee are also required to complete the training every two years thereafter.

Ongoing prevention and awareness campaigns are directed at students and employees. The ongoing campaigns are defined as programming, initiatives, and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault, and stalking using a range of strategies with audiences throughout the institution. The same information included in the institution’s primary prevention and awareness programs is incorporated into ongoing prevention and awareness campaigns. Various departments on the main campus support ongoing campaigns that are available to Program students and employees as described below. Health Promotion (including an interpersonal violence unit) provides Green Dot Bystander Intervention training that addresses the dynamics and frequency of sexual assault; safety against and prevention of sexual assault, dating violence, domestic violence, and stalking; recognizing signs of unhealthy relationships; and active bystander intervention. Through Green Dot training, participants learn how to use the 3 D’s (direct, delegate, and distract) to intervene in any acts of power-based personal violence they may witness. Health Promotion furthers prevention of power-based interpersonal violence at the university by offering Green Dot and other education and training on the topics of bystander intervention, consensual language, healthy relationships, and responding to and assisting survivors of sexual assault. These programs occur throughout the year and are


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available upon request Presentations are provided for classes, student organization meetings, orientations, residence hall programs, and other events. Following is Health Promotion contact information: https://studentlife.tamu.edu/hp/presentations/, [email protected] or 979-845-0280. The Women’s Resource Center (WRC) provides advocacy, education, prevention programs, support, and referral services for students, faculty, and staff (http://studentlife.tamu.edu/wrc, [email protected], or 979-845-8784). The Sexual Assault Survivors Services (SASS) committee is a collaborative working committee comprised of individuals from across the university and university community. The committee strives to share resources and perspectives to enhance services for support and education in the area of sexual violence. Focused on students, committee members work together to create educational resources and informational publications, and organize related special events. SASS provides the STAND Up workshop designed to train faculty, staff, and students on how to have trauma-informed conversations with individuals who have been involved in incidents of sexual assault, dating violence, domestic violence, and/or stalking. The workshop provides information about sexual assault, dating violence, domestic violence, and stalking; social perspectives; the impacts of trauma on the brain; listening techniques; tools for mandated reporters; and campus and community resources. Health Promotion coordinates the day to day operations of this workshop; see their contact information above. The university developed the Step In. Stand Up. Campaign, endorsed by the President, to create a culture of awareness that does not tolerate incidents of sexual violence. A large group of student leaders were involved to assist in crafting the message and the campaign logo with the intention of reaching a broad campus population. The Campaign asks supporters to “step in” as active bystanders to prevent incidences of sexual violence from occurring and to “stand up” to support survivors. Student, faculty, and staff groups actively support the Campaign. These groups extend the Step In. Stand Up. message on campus and in the community during sporting events, student and employee orientations, and other campus-hosted events that take place throughout the year. Special efforts are made during sexual assault awareness month which include providing resource tables, facilitating pledge banner signatures, distributing t-shirts, and hosting speakers who advocate for social change and awareness. A website for the Campaign includes an online pledge of commitment, university-wide statements of support, campus and community resources, and information on how to report sexual violence (http://stepinstandup.tamu.edu/). The Texas A&M University Police Department’s Community Services Division, 979-845-0070, provides ongoing education available to students and employees to promote prevention and personal safety including sexual assault and stalking prevention and awareness, drug and alcohol awareness, and sexual harassment and rape prevention through self-defense tactics. Related materials are distributed by the Community Services Division at awareness events across campus and in the community during times such as Campus Safety Awareness Series, National Night Out, and Sexual Assault Awareness Month. The Office of the Vice President for Student Affairs distributes an online Concerning Behavior Response Guide, to new faculty and staff to assist them in responding to individuals who may exhibit behavior that is concerning. The guide included information about identifying sexual harassment, sexual assault, dating violence, domestic violence, and/or stalking, reporting requirements and procedures, and limits on requests for confidentiality in response to individuals who disclose related incidents. An online guide is now being provided to all faculty. The guide can be found online at http://tellsomebody.tamu.edu/resources/.

https://studentlife.tamu.edu/hp/presentations/


http://studentlife.tamu.edu/wrc


http://stepinstandup.tamu.edu/

http://tellsomebody.tamu.edu/resources/


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The Division of Human Resources and Organizational Effectiveness offers training for employees regarding sexual harassment in the workplace that covers employee rights, responsibilities, and strategies for preventing sexual harassment, university policies and rules, and reporting and addressing complaints. Online courses are offered that provide guidance to identify and address behaviors of concern as a way of preventing violence in the workplace. The Offices of the Dean of Student Life and Student Assistance Services maintain a webpage (http://studentlife.tamu.edu/sas.svp) that describes university resources, assistance, and reporting procedures for students impacted by sexual violence. The Title IX webpage, http://titleix.tamu.edu/, also references sexual harassment and violence resources available through CREI, the Offices of the Dean of Student Life and UPD and provides information for students, faculty, and staff who wish to report any form of sexual discrimination or harassment. Furthermore, the Step In. Stand Up. Website referenced above also includes information on these topics. A notice of non-discrimination and abuse is sent to all Program students and employees by CREI at the beginning of the fall and spring semesters regarding reporting procedures and requirements related to incidents of illegal discrimination, sexual harassment (including sexual assault, dating violence, domestic violence, and stalking), and related retaliation. All HECM students and employees are provided written notification about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services and resources available for individuals both on or near the main campus and in the McAllen area community. The written notification is provided annually (fall semester) by the HECM Director of Operations or designee through an email that contains information covering how to report incidents, applicable policies, and other available options in addition to existing services and resources.

Bystander Intervention and Risk Reduction21

Everyone has a role in changing community knowledge, attitudes and behaviors. Change happens as each person is able to identify risky situations and take action to confront, interrupt, or prevent acts of sexual violence. Bystander intervention programs can help individuals observe a situation and determine an appropriate intervention where someone could use some help. Bystander intervention means just that; people taking care of others. If you find a friend in a situation that concerns you, consider the following strategies to intervene safely and effectively:

Create a distraction to interrupt the flow of events

Involve others to help you

Make an excuse to remove a friend from the situation

Point out the unwanted behavior in a safe and respectful manner

Call for help, if needed

Sexual assault is never a victim’s fault. However, there are ways that may reduce the risk of being sexually assaulted including being prepared, alert, and assertive. Consider the following tips:

21 For the purposes of this section bystander intervention means safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene. Risk reduction means options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.

http://studentlife.tamu.edu/sas.svp

http://titleix.tamu.edu/


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Be aware of your surroundings

Practice responsible drinking; alcohol is a factor in many sexual assaults

Never leave your drink unattended

Don’t accept drinks from someone you don’t know or trust

Stay with your friends and make sure your friends stay with you

Be careful of online relationships

Trust your instincts

We are reminded to think about relationships, specifically relationships that may be, or become abusive. Be aware of the signs:

Is one of the partners verbally and emotionally abusive?

Is one of the partners isolating the other from friends and family?

Is one of the partners controlling, intimidating or always jealous?

Is there a threat of harm?

Other Considerations

Retaliation

Texas A&M University prohibits retaliation. An officer, employee, or agent of Texas A&M University may not retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of the Clery Act.

Victim Notification

In accordance with the Higher Education Opportunity Act, upon written request, Texas A&M University will disclose to the alleged victim of any crime of violence, or non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by the University against a student who is the alleged perpetrator of such crime or offense with respect to such crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for the purposes of this paragraph. Institutions are required to provide both the complainant and the respondent with simultaneous written notification of any result of any institutional conduct proceeding that arises from an allegation of dating violence, domestic violence, sexual assault, or stalking. In these cases, it is not necessary for the complainant to make a written request.

Sex Offender Registry Section 121 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16921) provides for the tracking of registered sex offenders and instructs states to post sex offender data on the internet. The Texas Department of Public Safety (DPS) is the official Texas internet source for Sex Offender Registration information. The Sex Offender Registration open record information is extracted from the DPS Sex Offender Registration Database. The DPS maintains files based on registration information submitted by criminal justice agencies and represents a statewide source of information on sex offenders required by law to register. The DPS public web page can be found at https://records.txdps.state.tx.us/SexOffender/. Additional resources for gathering sex offender and sex crime data in the area: Hidalgo County Sheriff’s Office – 956-383-8114

https://records.txdps.state.tx.us/SexOffender/


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McAllen Police Department – 956-681-2000

Definitions of Clery Act Offenses Murder and Non-negligent Manslaughter: The willful (non-negligent) killing of one human being by another. Manslaughter By Negligence: The killing of another person through gross negligence. Sexual Assault: An offense that meets the definition of rape, fondling, incest or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) Program. Per the National Incident-Based Reporting System User Manual from the FBI UCR Program, a sex offense is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent (see consent section below).

Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent. Consent: Texas A&M University System Regulation System Regulation 08.01.01, Civil Rights Compliance provides guidance in complying with local, state and federal civil rights laws and regulations and related system policy. This regulation establishes system-wide standards for the receipt and processing of complaints, appeals, or reports of discrimination, sexual harassment and/or related retaliation based on protected class including complaints made by employees, students, and/or third parties. According to System Regulation 08.01.01, Civil Rights Compliance, consent is clear, voluntary, and ongoing agreement to engage in a specific sexual act. Persons need not verbalize their consent to engage in a sexual act for there to be permission. Permission to engage in a sexual act may be indicated through physical actions rather than words. A person who was asleep or mentally or physically incapacitated, either through the effect of drugs or alcohol or for any other reason, or whose agreement was made under duress or by threat, coercion, or force, cannot give consent. Texas Penal Code According to the Texas Penal Code, Sec. 1.02. Objectives of Code, the general purposes of the Texas Penal Code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate.





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Consent is defined in the Texas Penal Code, Section 1.07(11) as assent in fact, whether express or apparent. Without consent is also defined in the Texas Penal Code, Section 22.011(b) within the definition of sexual assault (see below).

Sexual Assault is defined in the Texas Penal Code, Section 22.011 as follows. (a) A person commits an offense if:

(1) the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or (C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

(b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force or violence; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; or (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.

(c) In this section:


http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm


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(1) "Child" means a person younger than 17 years of age. (2) "Spouse" means a person who is legally married to another. (3) "Health care services provider" means:

(A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; (D) a physician assistant licensed under Chapter 204, Occupations Code; or (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code.

(4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a:

(A) licensed social worker as defined by Section 505.002, Occupations Code; (B) chemical dependency counselor as defined by Section 504.001, Occupations Code; (C) licensed professional counselor as defined by Section 503.002, Occupations Code; (D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code; (E) member of the clergy; (F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code.

(5) "Employee of a facility" means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer.

(d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. (e) It is an affirmative defense to prosecution under Subsection (a)(2):

(1) that the actor was the spouse of the child at the time of the offense; or (2) that:

(A) the actor was not more than three years older than the victim and at the time of the offense:

(i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and

(B) the victim: (i) was a child of 14 years of age or older; and (ii) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.

(f) An offense under this section is a felony of the second degree, except that an offense under this section is a felony of the first degree if the victim was a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01. Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be based upon the reporting party’s statement with consideration of the length of the relationship, the type of relationship, and the

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=OC&Value=505.002&Date=6/28/2014






http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=HS&Value=250.001&Date=6/28/2014

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PE&Value=25.01&Date=6/28/2014

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PE&Value=25.01&Date=6/28/2014


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frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence. Any incident meeting this definition is considered to be a crime for the purposes of Clery Act reporting. Dating Violence is defined in the Texas Family Code, Section 71.0021 as follows. (a) "Dating violence" means an act, other than a defensive measure to protect oneself, by an actor that:

(1) is committed against a victim: (A) with whom the actor has or has had a dating relationship; or (B) because of the victim's or applicant’s marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and

(2) is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim in fear of imminent physical harm, bodily injury, assault, or sexual assault.

(b) For purposes of this title, "dating relationship" means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of:

(1) the length of the relationship; (2) the nature of the relationship; and (3) the frequency and type of interaction between the persons involved in the relationship.

(c) A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a "dating relationship" under Subsection (b). Domestic Violence: A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. Any incident meeting this definition is considered to be a crime for the purposes of Clery Act reporting. Family Violence is defined by the Texas Family Code, Section 71.004 as follows. (1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself; (2) abuse, as that term is defined by Sections 261.001(1)(C), (E), and (G), by a member of a family or household toward a child of the family or household; or (3) dating violence, as that term is defined by Section 71.0021. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. Reasonable person means a reasonable person under similar

http://www.statutes.legis.state.tx.us/docs/FA/htm/FA.71.htm

http://www.statutes.legis.state.tx.us/docs/FA/htm/FA.71.htm


47

circumstances and with similar identities to the victim. Any incident meeting this definition is considered to be a crime for the purposes of Clery Act reporting. Stalking is defined in the Texas Penal Code, Section 42.072 as follows. (a) A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct that:

(1) constitutes an offense under Section 42.07 (see below), or that the actor knows or reasonably should know the other person will regard as threatening:

(A) bodily injury or death for the other person; (B) bodily injury or death for a member of the other person's family or household or for an individual with whom the other person has a dating relationship; or (C) that an offense will be committed against the other person's property;

(2) causes the other person, a member of the other person's family or household, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person's property, or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended; and (3) would cause a reasonable person to:

(A) fear bodily injury or death for himself or herself; (B) fear bodily injury or death for a member of the person's family or household or for an individual with whom the person has a dating relationship; (C) fear that an offense will be committed against the person's property; or (D) feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended.

(b) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor has previously been convicted of an offense under this section or of an offense under any of the following laws that contains elements that are substantially similar to the elements of an offense under this section:

(1) the laws of another state; (2) the laws of a federally recognized Indian tribe; (3) the laws of a territory of the United States; or (4) federal law.

(c) For purposes of this section, a trier of fact may find that different types of conduct described by Subsection (a), if engaged in on more than one occasion, constitute conduct that is engaged in pursuant to the same scheme or course of conduct. (d) In this section:

(1) "Dating relationship," "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code. (2) "Property" includes a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code.

Sec. 42.07. Harassment. (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:

(1) initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene; (2) threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person's family or household, or the person's property;




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(3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury; (4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; (5) makes a telephone call and intentionally fails to hang up or disengage the connection; (6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section; or (7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another.

(b) In this section: (1) "Electronic communication" means a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. The term includes:

(A) a communication initiated through the use of electronic mail, instant message, network call, a cellular or other type of telephone, a computer, a camera, text message, a social media platform or application, an Internet website, any other Internet-based communication tool, or facsimile machine; and (B) a communication made to a pager.

(2) "Family" and "household" have the meaning assigned by Chapter 71, Family Code. (3) "Obscene" means containing a patently offensive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function.

(c) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section. Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. Aggravated Assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by a means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used that could and probably would result in serious personal injury if the crime were successfully completed). Burglary: The unlawful entry of a structure to commit a felony or theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony, breaking and entering with intent to commit a larceny, housebreaking, safecracking, and all attempts to commit any of the aforementioned acts. Motor Vehicle Theft: The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned, including joyriding). Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=FA&Value=71


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Hate Crime: A criminal offense reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. For Clery Act purposes, hate crimes include any of the following offenses that are motivated by bias: Murder and non-negligent manslaughter, manslaughter by negligence, sexual assault (rape, fondling, incest, statutory rape), robbery, aggravated assault, burglary, motor vehicle theft, arson, larceny-theft, simple assault, intimidation, or destruction/damage/vandalism of property. Following are the bias categories.

Race: A preformed negative attitude toward a group of persons who possess common physical characteristics, e.g. color of skin, eyes, and/or hair; facial features, etc., genetically transmitted by descent and heredity which distinguish them as a distinct division of humankind, e.g. Asians, blacks, or African Americans, whites. Gender: A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender, e.g. male or female. Religion: A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being, e.g. Catholics, Jews, Protestants, atheists. Sexual Orientation: A preformed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation. Sexual orientation is the term for a person’s physical, romantic, and/or emotional attraction to members of the same and/or opposite sex, including lesbian, gay, bisexual, and heterosexual (straight) individuals. Gender Identity: A preformed negative opinion or attitude toward a person (or group of persons) based on their actual or perceived gender identity, e.g. bias against transgender or gender non-conforming individuals (a person who does not conform to the gender-based expectations of society). Ethnicity: A preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry. The concept of ethnicity differs from the closely related term “race” in that “race” refers to grouping based mostly upon biological criteria, while “ethnicity” also encompasses additional cultural factors. National Origin: A preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth. This bias may be against people that have a name or accent associated with a national origin group, participate in certain customs associated with a national origin group, or because they are married to or associate with people of a certain national origin. Disability: A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced aged or illness.

Additional Hate Crime Definitions:

Larceny-Theft: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.


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Simple Assault: An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness. Intimidation: To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack. Destruction/Damage/Vandalism of Property (Except “Arson”): To willfully or maliciously damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.

Arrests and Referrals for Disciplinary Action: Arrest is defined as persons processed by arrest, citation, or summons. Referred for disciplinary action is defined as the referral of any person to any official who initiates a disciplinary action of which a record is established and which may result in the imposition of a sanction. Clery Act statistics are disclosed for arrests and referrals regarding state or local violations of liquor, drug abuse, and weapons laws. Only violations of the law resulting in arrest or referral are disclosed. Violations of institutional policy alone are not included in Clery Act statistics.

Weapons: Carrying, Possessing, Etc.: The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices or other deadly weapons. This classification encompasses weapons offenses that are regulatory in nature. Classify as a weapons: carrying, possessing, etc. violation: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed (except as permitted by state law and institutional policy through state law) or openly; using, manufacturing, etc. of silencers; furnishing deadly weapons to minors; aliens possessing deadly weapons; and attempts to commit any of the aforementioned acts.

Drug Abuse Violations: The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadone); and dangerous non-narcotic drugs (barbiturates, Benzedrine). Classify as a drug abuse violation: all drugs, without exception, that are illegal under local or state law where your institution is located and all illegally obtained prescription drugs.

Liquor Law Violations: The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession or use of alcoholic beverages, not including driving under the influence and drunkenness. Classify as a liquor law violation: the manufacture, sale, transporting, furnishing, possessing, etc. of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; underage possession; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and attempts to commit any of the aforementioned acts.


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Definitions of Clery Act Locations On-campus: Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls. This also includes any building or property that is within or reasonably contiguous to the geographic area that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor). Non-campus: Any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution. This also includes any building or property owned or controlled by a student organization that is officially recognized by the institution. Public Property: All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus. On-campus Student Housing Facilities (Residential Facilities): No on-campus student housing is owned or controlled by Texas A&M University for students located at the HECM campus. HECM began offering courses in August 2017, therefore, statistics for calendar year 2016 are not available nor required to be disclosed in the 2019 Annual Security Report.


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Texas A&M University Higher Education Center at McAllen -

Reportable Crimes The following statistics include all incidents of Clery Act crimes reported to the institution that occurred within the campus’ Clery Act locations, regardless of whether the individual reporting was a member of the campus community and regardless of whether the individual chose to move forward with the criminal justice or campus disciplinary proceedings. To prepare the annual disclosure of crime statistics, the institution collects information from internal sources such as campus police and other campus security authorities and requests information from external sources such as local law enforcement. Local law enforcement agencies did not respond to the institution’s request for 2018 Clery crime statistics.

Criminal Offenses

Offense Year On

Campus Property

Non-Campus Property

Public Property

Unfounded Crimes§

Murder / Non-negligent Manslaughter

2016 2017 2018

n/a 0 0

n/a 0 0

n/a 0 0

n/a 0 0

Manslaughter By Negligence

2016 2017 2018

n/a 0 0

n/a 0 0

n/a 0 0

n/a 0 0

Sex Offenses, Rape

2016 2017 2018

n/a 0 0

n/a 0 0

n/a 0 0

n/a 0 0

Sex Offenses, Fondling

2016 2017 2018

n/a 0 0

n/a 0 0

n/a 0 0

n/a 0 0

Sex Offenses, Incest

2016 2017 2018

n/a 0 0

n/a 0 0

n/a 0 0

n/a 0 0

Sex Offenses, Statutory Rape

2016 2017 2018

n/a 0 0

n/a 0 0

n/a 0 0

n/a 0 0

Robbery 2016 2017 2018

n/a 0 0

n/a 0 0

n/a 0 0

n/a 0 0

Aggravated Assault

2016 2017 2018

n/a 0 0

n/a 0 0

n/a 0 0

n/a 0 0

Burglary of Structure

2016 2017 2018

n/a 0 0

n/a 0 0

n/a 0 0

n/a 0 0

Motor Vehicle Theft

2016 2017 2018

n/a 0 0

n/a 0 0

n/a 0 0

n/a 0 0

Arson 2016 2017 2018

n/a 0 0

n/a 0 0

n/a 0 0

n/a 0 0

Hate Crimes

Offense Year On

Campus Property

Non-Campus Property

Public Property

Unfounded Crimes§

Hate Crimes * 2016 2017 2018

n/a 0 0

n/a 0 0

n/a 0 0

n/a 0 0


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Violence Against Women Reauthorization Act of 2013 (VAWA) Offenses

Offense Year On

Campus Property

Non-Campus Property

Public Property

Unfounded Crimes§

Domestic Violence 2016 2017 2018

n/a 0 0

n/a 0 0

n/a 0 0

n/a 0 0

Dating Violence 2016 2017 2018

n/a 0 0

n/a 0 0

n/a 0 0

n/a 0 0

Stalking 2016 2017 2018

n/a 0 1

n/a 0 0

n/a 0 0

n/a 0 0

Arrests and Disciplinary Referrals

Offense Year On

Campus Property

Non-Campus Property

Public Property

Unfounded Crimes§

Arrests: Weapons Carrying, Possessing, Etc.

2016 2017 2018

n/a 0 0

n/a 0 0

n/a 0 0

n/a 0 0

Disciplinary Referrals: Weapons Carrying, Possessing, Etc.

2016 2017 2018

n/a 0 0

n/a 0 0

n/a 0 0

n/a 0 0

Arrests: Drug Abuse Violations

2016 2017 2018

n/a 2 0

n/a 1 0

n/a 0 0

n/a 0 0

Disciplinary Referrals: Drug Abuse Violations

2016 2017 2018

n/a 0 0

n/a 0 0

n/a 0 0

n/a 0 0

Arrests: Liquor Law Violations

2016 2017 2018

n/a 0 0

n/a 0 0

n/a 0 0

n/a 0 0

Disciplinary Referrals: Liquor Law Violations

2016 2017 2018

n/a 0 0

n/a 0 0

n/a 0 0

n/a 0 0

The following are in reference to the reportable crimes tables.

* In 2017 and 2018 there were no reported criminal incidents involving hate/bias. §Unfounded crimes are those that a commissioned peace officer has investigated and found to be false or baseless and are subsequently withheld from the crime statistic.

Crime Prevention and Security Awareness It is important for all of us to understand our role in the reduction of crime. A conceptual aid often employed by crime prevention practitioners is referred to as the Crime Triangle. For any crime to occur three elements must be present: desire, ability, and opportunity.


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Members of the university community easily recognize there is little that can be done to control the criminal’s ability and desire. The university community’s greatest strength in the prevention of crime is our initiative to reduce or eliminate the opportunity for a crime to occur. No formal crime prevention programs or programs about campus security procedures and practices are offered at the HECM campus. However, students and employees at the HECM have access to the MPD and University Police Department crime prevention programs and programs regarding security procedures/practices as described below. A primary goal of the MPD is the prevention of crime before it occurs. Because MPD officers cannot be everywhere all the time, they need the help of all members of the university community to take an active role in their personal safety and property protection. Crime prevention is important to the campus community. Reporting any crime or suspected crime immediately is helpful to the MPD and may prevent someone else from becoming a victim of a more serious crime. The MPD’s Office of Community Affairs, staffed by officers who are state Certified Crime Prevention Specialists, continually presents programs covering information about crime prevention and security procedures/practices. The programs are available to students, staff, and faculty. The Crime Prevention Specialists are dedicated full time to crime prevention efforts and programs. For additional information or to schedule a program you are encouraged to call the Office of Community Affairs at 956-681-2120. The MPD offers a variety of crime prevention programs and services to community members. The programs are designed to encourage students and employees to be responsible for their own security and the security of others.

Personal Safety Awareness – scheduled upon request

Sexual Harassment and Rape Prevention (SHARP) – self-defense class teaching easy to learn techniques for a variety of situations; scheduled upon request

National Night Out – community building campaign that promotes policy/community partnerships and neighborhood camaraderie; offered annually

Alcohol and Drug Awareness – addresses problems associated with alcohol and drug abuse, misuse, and relationship to crimes; scheduled upon request

Sexual Assault Awareness – bystander intervention and risk reduction; scheduled upon request

Motor Vehicle Theft Prevention – scheduled upon request

Citizen’s Police Academy – see description below; offered annually The Office of Community Affairs operates the Citizen’s Police Academy. This is a 10 week long program designed to give citizens a better understanding of the MPD.


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Texas A&M University’s main campus police department also offers other services and programs, available upon request to employees and students, to improve safety on campus and educate the community about security issues. Programs include self-defense, personal safety awareness, sexual assault prevention, theft/burglary prevention, presentations (orientations) including information about campus security procedures and practices, etc. For additional information, contact the University Police Department’s Community Services Division at 979-845-0070.

Important Telephone Numbers Area Code 956 (for all numbers listed below)

Emergencies- Police/Fire/Medical

911 HECM Security 271-1301

McAllen Police Department 681-2000 Hidalgo County Sheriff’s Office

383-8114

Hidalgo County Crime Stoppers

460-1416 McAllen Crime Stoppers 972-7339

FBI 984-6300 Department of Public Safety (State Troopers)

585-3126

Other Annual Security Reports and Annual Fire Safety Reports Annual Security Reports and Annual Fire Safety Reports for other Texas A&M University locations are as follows and are available at the following Texas A&M University OREC website: http://urc.tamu.edu/clery-act/clery-annual-reports/.

Other Texas A&M University Annual Security Reports Texas A&M University College Station http://urc.tamu.edu/media/1157075/CSAnnualSecurityReport.pdf Texas A&M University O.D. Butler, Jr. Animal Science Complex and University Farm http://urc.tamu.edu/media/1492363/UnivFarmAnnualSecurityReport.pdf Texas A&M University RELLIS Campus http://urc.tamu.edu/media/1492354/RELLISAnnualSecurityReport.pdf Texas A&M University at Galveston http://urc.tamu.edu/media/1157087/GalvestonAnnualSecurityReport.pdf Texas A&M University at Qatar http://urc.tamu.edu/media/1157081/QatarAnnualSecurityReport.pdf Texas A&M University Mays Business School at CityCentre http://urc.tamu.edu/media/1157078/MaysAnnualSecurityReport.pdf Texas A&M University School of Law http://urc.tamu.edu/media/1157084/LawAnnualSecurityReport.pdf Texas A&M University Health Science Center Bryan http://urc.tamu.edu/media/1157090/HSCBryanAnnualSecurityReport.pdf Texas A&M University Health Science Center Dallas http://urc.tamu.edu/media/1157093/HSCDallasAnnualSecurityReport.pdf Texas A&M University Health Science Center Houston http://urc.tamu.edu/media/1157096/HSCHoustonAnnualSecurityReport.pdf Texas A&M University Health Science Center Kingsville http://urc.tamu.edu/media/1157099/HSCKingsvilleAnnualSecurityReport.pdf

http://urc.tamu.edu/clery-act/clery-annual-reports/

http://urc.tamu.edu/media/1157075/CSAnnualSecurityReport.pdf

http://urc.tamu.edu/media/1492363/UnivFarmAnnualSecurityReport.pdf

http://urc.tamu.edu/media/1492354/RELLISAnnualSecurityReport.pdf

http://urc.tamu.edu/media/1157087/GalvestonAnnualSecurityReport.pdf

http://urc.tamu.edu/media/1157081/QatarAnnualSecurityReport.pdf

http://urc.tamu.edu/media/1157078/MaysAnnualSecurityReport.pdf

http://urc.tamu.edu/media/1157084/LawAnnualSecurityReport.pdf

http://urc.tamu.edu/media/1157090/HSCBryanAnnualSecurityReport.pdf

http://urc.tamu.edu/media/1157093/HSCDallasAnnualSecurityReport.pdf

http://urc.tamu.edu/media/1157096/HSCHoustonAnnualSecurityReport.pdf

http://urc.tamu.edu/media/1157099/HSCKingsvilleAnnualSecurityReport.pdf


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Texas A&M University Health Science Center McAllen http://urc.tamu.edu/media/1157102/HSCMcAllenAnnualSecurityReport.pdf Texas A&M University Health Science Center Round Rock http://urc.tamu.edu/media/1157069/HSCRRAnnualSecurityReport.pdf Texas A&M University Health Science Center Temple http://urc.tamu.edu/media/1157072/HSCTempleAnnualSecurityReport.pdf Texas A&M University at Galveston, TS General Rudder http://urc.tamu.edu/media/1601438/TAMUGGeneralRudderAnnualSecurityReport.pdf Texas A&M University Maritime Academy Summer Sea Term http://urc.tamu.edu/media/1601439/TAMUMaritimeAcademyAnnualSecurityReport.pdf Other Texas A&M University Annual Fire Safety Reports Texas A&M University College Station http://urc.tamu.edu/media/1157614/CSAnnualFireReport.pdf Texas A&M University at Galveston http://urc.tamu.edu/media/1157611/GalvestonAnnualFireReport.pdf Texas A&M University Health Science Center Kingsville http://urc.tamu.edu/media/1197453/KingsvilleAnnualFireReport.pdf Texas A&M University at Galveston, TS General Rudder http://urc.tamu.edu/media/1601436/TAMUGGeneralRudderAnnualFireReport.pdf Texas A&M University Maritime Academy Summer Sea Term http://urc.tamu.edu/media/1601437/TAMUMaritimeAcademyAnnualFireReport.pdf

http://urc.tamu.edu/media/1157102/HSCMcAllenAnnualSecurityReport.pdf

http://urc.tamu.edu/media/1157069/HSCRRAnnualSecurityReport.pdf

http://urc.tamu.edu/media/1157072/HSCTempleAnnualSecurityReport.pdf

http://urc.tamu.edu/media/1601438/tamuggeneralrudderannualsecurityreport.pdf

http://urc.tamu.edu/media/1601439/TAMUMaritimeAcademyAnnualSecurityReport.pdf

http://urc.tamu.edu/media/1157614/CSAnnualFireReport.pdf

http://urc.tamu.edu/media/1157611/GalvestonAnnualFireReport.pdf

http://urc.tamu.edu/media/1197453/KingsvilleAnnualFireReport.pdf

http://urc.tamu.edu/media/1601436/tamuggeneralrudderannualfirereport.pdf

http://urc.tamu.edu/media/1601437/TAMUMaritimeAcademyAnnualFireReport.pdf

Documents

Texas A&M University Higher Education Center at McAllen ...€¦ · Texas A&M University Higher Education Center at McAllen Annual Security Report 2019 2 Texas A&M University Higher